Idaho Code
Idaho Code § 19-603 (2026)
When peace officer may arrest.
✓ current as of May 2026
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When peace officer may arrest.
A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
1. For a public offense committed or attempted in his presence.
2. When a person arrested has committed a felony, although not in his presence.
3. When a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it.
4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested.
5. At night, when there is reasonable cause to believe that he has committed a felony.
6. When upon immediate response to a report of a commission of a crime there is probable cause to believe that the person has committed a violation of section 18-901 (assault), 18-903 (battery), 18-918 (domestic violence), 18-7905 (first-degree stalking), 18-7906 (second-degree stalking), 39-6312 (violation of a protection order), 18-920 (violation of a no contact order), or 18-3302I (threatening violence upon school grounds — firearms and other deadly or dangerous weapons), Idaho Code.
7. When there is reasonable cause to believe, based upon physical evidence observed by the officer or statements made in the presence of the officer upon immediate response to a report of a commission of a crime aboard an aircraft, that the person arrested has committed such a crime.
Notes of Decisions
Cited in 104
cases (18 in the last 5 years), 1934–2025 · leading case: State v. Julian, 922 P.2d 1059 (Idaho 1996).
State v. Julian, 922 P.2d 1059 (Idaho 1996). “However, I believe the issues of this case can be decided by construing Idaho Code § 19-603 (6) alone, and thus write separately.”
State v. Clarke, 446 P.3d 451 (Idaho 2019). “Article I, Section 17 of the Idaho Constitution has long been interpreted in conjunction with Idaho Code section 19-603 and its predecessor statutes, which were in place at the time of the adoption of the Idaho Constitution.”
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). “2d 72 (1945) (finding that defendant’s arrest complied with I.C. § 19-603 and, therefore, rejecting defendant’s argument that his arrest was constitutionally5 unlawful).”
State v. Cook, 677 P.2d 522 (Idaho Ct. App. 1984). “Idaho Code § 19-603 provides that a police officer may arrest a person without a warrant "[w]hen a felony has in fact been committed and he has reasonable cause for believing the person arrested to have committed it.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “§ 803-5 (a) (1999) ("when the officer has probable cause to believe that [a] person has committed any offense"); Idaho Code § 19-603 (1) (1997) ("[f]or a public offense committed or attempted in [officer's] presence"); Ill.”
State v. Bowman, 866 P.2d 193 (Idaho Ct. App. 1993). “Idaho Code § 19-603 states: A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: 1.”
State v. Moore, 932 P.2d 899 (Idaho Ct. App. 1996). “He asserts that: (a) the citizen’s arrest was unlawful, and (b) even if the citizen’s arrest was valid, the police could not properly conduct a search incident to arrest because the police did not possess grounds to independently arrest Moore for a misdemeanor in conformity with…”
State v. Gibson, 108 P.3d 424 (Idaho Ct. App. 2005). “I.C. § 19-603(1). Probable cause is “the possession of information that would lead a person of ordinary care and prudence to believe or entertain an honest and strong presumption that such person is guilty.”
State v. Bishop, 203 P.3d 1203 (Idaho 2009). “2d at 571-72 ; see also I.C. § 19-603 (authorizing a peace officer to arrest a person without a warrant “[f]or a public offense committed or attempted in [the officers] presence”).”
State v. Kysar, 783 P.2d 859 (Idaho 1989). “Finally, Kysar challenges the use of all written and oral statements made by him after his arrest on the grounds that they were taken in violation of the Miranda rule, and that he did not voluntarily and knowingly make those statements. A. Probable Cause We first address Kysar's…”
State v. Carr, 844 P.2d 1377 (Idaho Ct. App. 1992). “First, Carr asserts that I.C. § 19-603(1) and I.C. § 18-8001(1) establish that probable cause is not the standard by which arrests for driving without privileges should be judged, and that the statutes required Officer Martin to have had personal knowledge that Carr was driving…”
State v. Pontier, 518 P.2d 969 (Idaho 1974). “ A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person: 1.”
— Idaho Code § 19-603(1) — 30 cases
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). “2d 72 (1945) (finding that defendant’s arrest complied with I.C. § 19-603 and, therefore, rejecting defendant’s argument that his arrest was constitutionally5 unlawful).”
State v. Gibson, 108 P.3d 424 (Idaho Ct. App. 2005). “I.C. § 19-603(1). Probable cause is “the possession of information that would lead a person of ordinary care and prudence to believe or entertain an honest and strong presumption that such person is guilty.”
State v. Julian, 922 P.2d 1059 (Idaho 1996). “However, I believe the issues of this case can be decided by construing Idaho Code § 19-603 (6) alone, and thus write separately.”
State v. Carr, 844 P.2d 1377 (Idaho Ct. App. 1992). “First, Carr asserts that I.C. § 19-603(1) and I.C. § 18-8001(1) establish that probable cause is not the standard by which arrests for driving without privileges should be judged, and that the statutes required Officer Martin to have had personal knowledge that Carr was driving…”
State v. Robinson, 163 P.3d 1208 (Idaho Ct. App. 2007).
— Idaho Code § 19-603(2) — 3 cases
State v. Amstutz, 492 P.3d 1103 (Idaho 2021).
State v. Garcia (Idaho Ct. App. 2021).
State v. Barron (Idaho Ct. App. 2021).
— Idaho Code § 19-603(3) — 9 cases
State v. Julian, 922 P.2d 1059 (Idaho 1996). “However, I believe the issues of this case can be decided by construing Idaho Code § 19-603 (6) alone, and thus write separately.”
State v. Calegar, 661 P.2d 311 (Idaho 1983).
State v. Cootz, 718 P.2d 1245 (Idaho Ct. App. 1986).
State v. Williams, 411 P.3d 1186 (Idaho Ct. App. 2018).
State v. Crawford, 577 P.2d 1135 (Idaho 1978).
— Idaho Code § 19-603(4) — 1 case
State v. Ruhter, 688 P.2d 1187 (Idaho 1984).
— Idaho Code § 19-603(5) — 1 case
State v. Julian, 922 P.2d 1059 (Idaho 1996). “However, I believe the issues of this case can be decided by construing Idaho Code § 19-603 (6) alone, and thus write separately.”
— Idaho Code § 19-603(6) — 9 cases
State v. Julian, 922 P.2d 1059 (Idaho 1996). “However, I believe the issues of this case can be decided by construing Idaho Code § 19-603 (6) alone, and thus write separately.”
State v. Clarke, 446 P.3d 451 (Idaho 2019). “Article I, Section 17 of the Idaho Constitution has long been interpreted in conjunction with Idaho Code section 19-603 and its predecessor statutes, which were in place at the time of the adoption of the Idaho Constitution.”
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). “2d 72 (1945) (finding that defendant’s arrest complied with I.C. § 19-603 and, therefore, rejecting defendant’s argument that his arrest was constitutionally5 unlawful).”
State v. Schwarz, 988 P.2d 689 (Idaho 1999).
State v. Meneses-Rodriguez (Idaho Ct. App. 2024).
— Idaho Code § 19-603(7) — 2 cases
State v. Clarke, 446 P.3d 451 (Idaho 2019). “Article I, Section 17 of the Idaho Constitution has long been interpreted in conjunction with Idaho Code section 19-603 and its predecessor statutes, which were in place at the time of the adoption of the Idaho Constitution.”
Olsen v. The City of Boise, Idaho (D. Idaho 2022).
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