Idaho Code
Idaho Code § 19-608 (2026)
Information to person arrested.
✓ current as of May 2026
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Information to person arrested.
The 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, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense, or is pursued immediately after its commission, or after an escape.
Notes of Decisions
Cited in 18
cases (3 in the last 5 years), 1934–2022 · leading case: State v. Lancaster, 519 P.3d 1176 (Idaho 2022).
State v. Lancaster, 519 P.3d 1176 (Idaho 2022). “3d 451 (2019), to argue that “the Framers of the Idaho Constitution would have considered the failure to comply with the requirements of I.C. § 19-608’s territorial counterpart to also be an unreasonable seizure under Article I, Section 17 of the Idaho Constitution.”
State v. Julian, 922 P.2d 1059 (Idaho 1996). “The Arresting Officer Informed Julian Of The Cause Of His Arrest As Required by I.C. § 19-608. Julian asserts, and the district court held, that if his underlying arrest is validated under a different charge than that for which he was originally cited, he was not informed of…”
State v. Bowman, 866 P.2d 193 (Idaho Ct. App. 1993). “Idaho Code § 19-608 states: The 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, except when the person to be arrested is actually engaged in the commission of, or an attempt…”
State v. Mitchell, 660 P.2d 1336 (Idaho 1983). “" I.C. § 19-608 requires that "[t]he person making the arrest must inform the person to be arrested of his intention to arrest him, of the cause of the arrest, and the authority to make it.”
Sprague v. City of Burley, 710 P.2d 566 (Idaho 1985). “The district court erroneously accepted the officers’ view that the issue of whether or not they had informed Sprague of the fact of his arrest is irrelevant in light of the provisions of I.C. § 19-608 (1982) which states: Information to person arrested.”
State v. Cooper, 809 P.2d 515 (Idaho Ct. App. 1991). “Cooper contends that the officers failed to comply with I.C. § 19-608 when they “arrested” Cooper.”
State v. Lagasse, 22 P.3d 112 (Idaho Ct. App. 2001). “§ 19-608 the 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, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an…”
State v. Person, 104 P.3d 976 (Idaho Ct. App. 2004). “I.C. §§ 19-608, -609; I.C.R. 4. None of the officers who had been present at the actual arrest and testified at the suppression hearing could recall whether Person had been advised of the charges at that time.”
State v. Sutherland, 943 P.2d 62 (Idaho Ct. App. 1997). “” I.C. § 19-608. 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.”
Helgeson Ex Rel. Helgeson v. Powell, 34 P.2d 957 (Idaho 1934). “Section 19-608, I. C. A., provides: “The 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, except when the person to be arrested is actually engaged in the commission of, or an…”
Antelope v. George, 211 F. Supp. 657 (D. Idaho 1962). “It appears plaintiff was not informed of defendant’s intention to arrest her, of the cause of arrest, nor of defendant’s authority to make it, as required by Idaho statute (I.C. § 19-608); she was not taken without delay to the nearest or most accessible magistrate in the county…”
State v. Sutterfield (Idaho 2021). “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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