Idaho Code
Idaho Code § 19-515 (2026)
No unnecessary delay — Attorney may visit defendant.
✓ current as of May 2026
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No unnecessary delay — Attorney may visit defendant.
The defendant must in all cases be taken before the magistrate without unnecessary delay, and any attorney at law entitled to practice in courts of record of the state of Idaho may, at the request of the prisoner after such arrest, visit the person so arrested.
Notes of Decisions
Cited in 7
cases, 1947–1990 · leading case: Matter of McNeely, 804 P.2d 911 (Idaho Ct. App. 1990).
Matter of McNeely, 804 P.2d 911 (Idaho Ct. App. 1990). “[4] Idaho Code § 19-515 states: The defendant must in all cases be taken before the magistrate without unnecessary delay, and any attorney at law entitled to practice in courts of record of the state of Idaho may, at the request of the prisoner after such arrest, visit the…”
State v. Mitchell, 660 P.2d 1336 (Idaho 1983). “" I.C. § 19-515 states that the accused (defendant) must be taken before the magistrate "without unnecessary delay.”
State v. Calegar, 661 P.2d 311 (Idaho 1983). “§ 19-515, which requires them to take an arrested person before the nearest available magistrate, and a failure to do so, if not excusable on some solid basis, is a strong indication that delay is for the very *328 purpose of police-dominated, isolated, jailhouse secret…”
Gawron v. Roberts, 743 P.2d 983 (Idaho Ct. App. 1987). “Among the statutes relating to arrest warrants, I.C. § 19-515 requires that “The defendant must in all cases be taken before the magistrate without unnecessary delay.”
Anderson v. Foster, 252 P.2d 199 (Idaho 1953). “§ 19-515, I.C. Where the facts are without dispute and clearly establish the illegality of the detention, the verdict should be directed allowing the jury to assess the damages for the false imprisonment, leaving for the court and not the jury the question of reasonable time for…”
State v. Kotthoff, 177 P.2d 474 (Idaho 1947). “Code 1932, §§ 19-515, 19-615. (Emphasis ours.) “2. Defendant could not complain of admission of confession on ground that arresting officer delayed in taking defendant before nearest committing magistrate, for purpose of obtaining the confession, where it was not claimed any…”
State v. Gord, 795 P.2d 867 (Idaho 1990). “There is no substantiation for the Court of Appeals’ conclusion that waiver of the Miranda rights suspended the obligation to notify the public defender.”
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