Idaho Code
Idaho Code

Idaho Code § 19-602 (2026)

Arrest, how made. 

✓ current as of May 2026
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Arrest, how made. 

An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1971–2024 · 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 4× “Instructive of the legislative intent in defining an arrest in terms of "custody" is the next succeeding section, I.C. § 19-602, which provides: "An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer.”
State v. Howard, 24 P.3d 44 (Idaho 2001). · cites it 2× “Howard moved to suppress the evidence seized in the search of the pickup on the basis that the search and arrest violated the United States Constitution, the Idaho Constitution, the Idaho Criminal Rules, and Idaho Code §§ 19-602 and 19-603. Howard alleged that the affidavit…”
State v. Wozniak, 486 P.2d 1025 (Idaho 1971). · cites it 2× “§ 19 — 601, 3 I.C. § 19-602, 4 and I.C. § 19-603. 5 I.C.”
State v. Lagasse, 22 P.3d 112 (Idaho Ct. App. 2001). · cites it 2× “Idaho Code Section 19-602 states that “an arrest is made by an actual restraint of the defendant, or by his submission to the custody of an officer.”
State v. Sutterfield (Idaho 2021). · cites it 2× “§ 19-614. While the tradition of allowing a citizen’s arrest is long, misconceptions and urban myths abound when it comes to the circumstances under which a citizen’s arrest can be made and how it must be carried out.”
State v. Meneses-Rodriguez (Idaho Ct. App. 2024). · cites it 2× “§ 19-601 (defining arrest as “taking a person into custody in a case and in the manner authorized by law”); I.C. § 19-602 (defining how an arrest may be made); I.”
State v. Cenarrusa (Idaho Ct. App. 2024). · cites it 2× “§ 19-601 (defining arrest as “taking a person into custody in a case and in the manner authorized by law”); I.C. § 19-602 (defining how an arrest may be made); I.”
State v. Sutterfield (Idaho 2021). · cites it 2× “§ 19-614. While the tradition of allowing a citizen’s arrest is long, misconceptions and urban myths abound when it comes to the circumstances under which a citizen’s arrest can be made and how it must be carried out.”
State v. Thomas, 780 P.2d 599 (Idaho Ct. App. 1989). · cites it 2× “I.C. § 19-602. While Breneman may have deprived Thomas of the use of his automobile, he never deprived Thomas of his ability to leave the scene on foot.”
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