Idaho Code
Idaho Code

Idaho Code § 19-601 (2026)

Arrest defined. 

✓ current as of May 2026
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Arrest defined. 

An arrest is taking a person into custody in a case and in the manner authorized by law. An arrest may be made by a peace officer or by a private person.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1964–2024 · leading case: State v. Hobson, 523 P.2d 523 (Idaho 1974).
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State v. Hobson, 523 P.2d 523 (Idaho 1974). · cites it 16× “2d 797 (1967), and I.C. §§ 19-601, 602 that there was an absence of any intent on the part of the police to place the respondent in custody, which is a necessary element of an arrest.”
State v. Elisondo, 757 P.2d 675 (Idaho 1988). · cites it 4× “I.C. §§ 19-601 through 19-608, 19-615. Forthwith means forthwith, not tomorrow, and not when convenient.”
State v. Lancaster, 519 P.3d 1176 (Idaho 2022). · cites it 2× “This includes the provisions of Idaho Code section 19-608, which provides that “[t]he person making the arrest must inform the person to be arrested 6 of the intention to arrest him, of the cause of the arrest, and the authority to make it, .”
State v. Post, 573 P.2d 153 (Idaho 1978). · cites it 2× “I.C. §§ 19-601, -602; State v. Hobson, 95 Idaho 920 , 523 P.”
State v. Moore, 932 P.2d 899 (Idaho Ct. App. 1996). · cites it 2× “Section 19-601. Once a private person has arrested another for a public offense, the citizen effectuating the arrest “must, without unnecessary delay, take the person arrested before a magistrate, or deliver him to a peace officer.”
State v. Sutherland, 943 P.2d 62 (Idaho Ct. App. 1997). · cites it 2× “I.C. § 19-604. An arrest, whether by a police officer or by a private person, is defined as “taking a person into custody in a case and in the manner authorized by law_” I.”
State v. Lagasse, 22 P.3d 112 (Idaho Ct. App. 2001). · cites it 2× “” I.C. § 19-601; Sutherland, 130 Idaho at 474 , 943 P.”
Smith v. State, 391 P.2d 849 (Idaho 1964). · cites it 2× “Arrest is comprehensibly defined in both I.C. §§ 19-601 and 19-602 as follows: “19-601.”
State v. Sutterfield (Idaho 2021). · cites it 4× “In fact, Idaho’s statutes concerning an individual’s right to conduct a citizen’s arrest were enacted by the territorial legislature well before statehood.”
State v. Sutterfield (Idaho 2021). · cites it 4× “In fact, Idaho’s statutes concerning an individual’s right to conduct a citizen’s arrest were enacted by the territorial legislature well before statehood.”
State v. Gord, 795 P.2d 867 (Idaho 1990). · cites it 2× “I.C. §§ 19-601 through 19-608, 19-615. Forthwith means forthwith, not tomorrow, and not when convenient.”
State v. Meneses-Rodriguez (Idaho Ct. App. 2024). · cites it 2× “, I.C. § 19-601 (defining arrest as “taking a person into custody in a case and in the manner authorized by law”); I.”
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