Idaho Code
Idaho Code

Idaho Code § 19-604 (2026)

When private person may arrest. 

✓ current as of May 2026
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When private person may arrest. 

A private person may arrest another:

1.  For a public offense committed or attempted in his presence.
2.  When the person arrested has committed a felony, although not in his presence.
3.  When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1953–2021 · leading case: State v. Benefiel, 953 P.2d 976 (Idaho 1998).
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State v. Benefiel, 953 P.2d 976 (Idaho 1998). · cites it 20× “The State of Idaho argues that a citizen's authority to arrest under I.”
State v. Moore, 932 P.2d 899 (Idaho Ct. App. 1996). · cites it 11× “Section 19-604, the subsequent search by the police incident to that arrest was restricted by I.”
Matter of Griffiths, 744 P.2d 92 (Idaho 1987). · cites it 4× “§ 19-603 (circumstances under which peace officer may make warrantless arrest) and I.C. § 19-604 (when a private person may arrest).”
State v. Sutherland, 943 P.2d 62 (Idaho Ct. App. 1997). · cites it 6× “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.”
Cnty. of Bannock v. City of Pocatello, 715 P.2d 962 (Idaho 1986). · cites it 4× “The Attorney General went on to explain in footnote [3] that, "While Idaho Code Section 20-605 by itself might give the impression that cities are responsible only to counties other than the one in which they are located for costs of prisoners they have charged with motor…”
State v. Owen, 253 P.2d 203 (Idaho 1953). · cites it 2× “*216 § 19-604, I.C. The fact that he asserts that right and attempts to perform that duty, is under no circumstances to be held culpable on his part, or to redound to the benefit of his assailant, and thus afford the assailant an excuse to kill him on a claim of self-defense.”
Laughlin v. State, 85 P.3d 1125 (Idaho Ct. App. 2003). · cites it 8× “However, Idaho Code § 19-604 provides that: A private person may arrest another: 1.”
State v. Lagasse, 22 P.3d 112 (Idaho Ct. App. 2001). · cites it 2× “Under I.C. § 19-604, a private citizen may arrest a person for a misdemeanor public offense committed or attempted in his or her presence.”
Sima v. Skaggs Payless Drug Ctr., Inc., 353 P.2d 1085 (Idaho 1960). · cites it 4× “Idaho Code, § 19-604 provides in part: “A private person may arrest another : “1.”
State v. Sutterfield (Idaho 2021). · cites it 6× “I.C. § 19-604(1)–(3). Unless an exception applies, “[t]he person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it .”
State v. Sutterfield (Idaho 2021). · cites it 6× “I.C. § 19-604(1)–(3). Unless an exception applies, “[t]he person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it .”
— Idaho Code § 19-604(1) — 2 cases
State v. Sutterfield (Idaho 2021). “I.C. § 19-604(1)–(3). Unless an exception applies, “[t]he person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it .”
State v. Sutterfield (Idaho 2021). “I.C. § 19-604(1)–(3). Unless an exception applies, “[t]he person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it .”
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