Idaho Code

Idaho Code § 19-506 (2026)

When warrant may issue. 

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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When warrant may issue. 

A magistrate may issue a warrant for the arrest of the defendant only after making a determination that there is probable cause to believe that an offense has been committed and that the defendant committed it.

Notes of Decisions
Cited in 4 cases, 1963–1983 · leading case: State v. Lang, 672 P.2d 561 (Idaho 1983).
State v. Lang, 672 P.2d 561 (Idaho 1983). · cites it 2× “§ 19-505 and § 19-506 (note 11 supra ) into Rule 4, which requires a finding of probable cause before a requested arrest warrant may issue.”
Howard v. Felton, 379 P.2d 414 (Idaho 1963). · cites it 4× “) supra), and the magistrate having acted upon his own investigations and exercise of his own discretion in the issuance of the warrant, although both the prosecuting attorney and the magistrate may have believed the magistrate's duty to be mandatory rather than discretionary in…”
Struve v. Wilcox, 579 P.2d 1188 (Idaho 1978). · cites it 2× “What will justify a finding of probable cause is succinctly but clearly set forth: Rule 4. Warrant or summons upon complaint.”
Clark v. Meehl, 570 P.2d 1331 (Idaho 1977). · cites it 2× “I.C. § 19-506. See I.C.R. 4(a). In appropriate situations a summons may be issued in lieu of a warrant.”
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