Idaho Code
Idaho Code

Idaho Code § 19-705 (2026)

"Fresh pursuit" defined. 

✓ current as of May 2026
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"Fresh pursuit" defined. 

The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2010–2023 · leading case: State v. Clark, 484 P.3d 187 (Idaho 2021).
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State v. Clark, 484 P.3d 187 (Idaho 2021). · cites it 26× “It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed.”
State v. Clark (Idaho 2021). · cites it 26× “It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed.”
State v. Scott, 244 P.3d 622 (Idaho Ct. App. 2010). · cites it 6× “Idaho Code § 19-705 states: The term “fresh pursuit” as used in this act shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony.”
State v. Jane Doe (2021-38) (Idaho 2023). · cites it 2× “3d 187, 191 (2021) (reviewing de novo the district court’s interpretation and application of the term “fresh pursuit” in Idaho Code section 19-705 after a criminal bench trial).”
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