Idaho Code
Idaho Code § 31-2202 (2026)
Duties of sheriff.
✓ current as of May 2026
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Duties of sheriff.
The policy of the state of Idaho is that the primary duty of enforcing all penal provisions and statutes of the state is vested with the sheriff of each county as provided in section 31-2227, Idaho Code. The sheriff shall perform the following:
(1) Preserve the peace.
(2) Arrest and take before the nearest magistrate for examination all persons who attempt to commit or who have committed a public offense, unless otherwise provided by law.
(3) Prevent and suppress all affrays, breaches of the peace, riots and insurrections that may come to his knowledge.
(4) Attend all courts, including magistrate’s division of the district court when ordered by a district judge, at their respective terms held within his county and obey the lawful orders and directions of the courts.
(5) Command the aid of as many inhabitants of the county as he may think necessary in the execution of these duties.
(6) Take charge of and keep the county jail and the prisoners therein.
(7) Indorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time of reception.
(8) Serve all process and notices in the manner prescribed by law.
(9) Certify under his hand upon process or notices the manner and time of service, or, if he fails to make service, the reasons of his failure, and return the same without delay.
(10) Perform such other duties as are required of him by law.
(11) Keep a record of all stolen cars reported within his county, which record shall contain the name of the motor vehicle, the engine number thereof, a complete description of such vehicle and such other information as may aid in the identification of the stolen car. Such record shall be open to public inspection during office hours, and immediately upon receiving a report of a stolen car the sheriff shall prepare and forward a copy thereof to the director of the Idaho state police and he shall also notify the director of the Idaho state police of any and all cars recovered.
(12) At the specific request of the governor or his designated agent, prevent the unauthorized importation of wild omnivores or carnivores capable of causing injury to people or their property.
(13) Work in his county with the Idaho state police in the following respects:
(a) Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety of others;
(b) Safeguard and protect the surface and other physical portions of the state highways;
(c) Enforce all of the laws of the state enacted for the identification, inspection and transportation of livestock and all laws of the state designed to prevent the theft of livestock;
(d) Regulate traffic on all highways and roads in the state with the authority to temporarily close or restrict the use of any highway or road whenever the closure or restriction of use is deemed necessary for the safety of the public; and respond to calls following wrecks and make investigations relative thereto;
(e) Use whatever force is necessary to protect the public from wild or domestic omnivores or carnivores in a manner that is consistent with 50 C.F.R. section 17.84(i).
(14) Work in his county with the Idaho transportation department to give examinations for and sell drivers’ licenses and identification cards.
(15) Expeditiously and promptly investigate all cases involving missing children when such cases are reported to him.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 1959–2025 · leading case: Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001).
Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001). “As the district court observed in this case, adding a phrase like "maintaining the state highways for traffic safety" to I.C. § 31-2202 could reasonably be interpreted to include the removal of obstructions.”
State v. Wilkerson, 766 P.2d 1238 (Idaho 1988). “) One of the duties Deputy Sheriff Taylor was under on the night in question is described in I.C. § 31-2202 which, in pertinent part, reads: "31-2202.”
State v. Wilkerson, 755 P.2d 471 (Idaho Ct. App. 1988). “The state asserts that the officer's actions were authorized by law, and by I.C. § 31-2202 in particular (defining the duties of a sheriff), and were not contrary to section 49-3611.”
Ransom v. City of Garden City, 743 P.2d 70 (Idaho 1987). “," as well as specifically to "work concurrently and cooperate in his county, with the Idaho State Police in the following respects: (a) Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety…”
Allied Bail Bonds, Inc. v. Cnty. of Kootenai, 258 P.3d 340 (Idaho 2011). “Although Allied points to I.C. §§ 20-622 and 31-1503 as statutes authorizing the Board to manage the process by which the Sheriff collects bail from prisoners, the first merely requires county commissioners to “take all necessary precaution against escape, sickness, or…”
Murray v. Spalding, 106 P.3d 425 (Idaho 2005). “Although the sheriff and private process servers charge a fee for doing so, a plaintiff would not incur any fee for service of process if he or she had a friend or acquaintance agree to do so without charge.”
Weldon v. Bonner Cnty. Tax Coalition, 855 P.2d 868 (Idaho 1993). “The sheriff, while primarily charged with “enforcing all penal provisions and statutes of the state, .”
Commonwealth v. Leet, 585 A.2d 1033 (Pa. Super. Ct. 1991). “§ 14-15-503(b) (1987)); Idaho, ( Idaho Code § 31-2202 (2) (1983 & Supp.1989)); Massachusetts (Mass.”
Williamson v. Ada Cnty., 509 P.3d 1133 (Idaho 2022). “” I.C. § 31-2202(6). Ada County reasons the development of roll call policies is the type of decision entrusted to Ada County by the Idaho Legislature and they should be free to perform this responsibility without undue inhibition from the threat of liability and to limit…”
Monson v. Boyd, 348 P.2d 93 (Idaho 1959). “In Wright v. Callahan, supra, the court determined that the legislature could not create a new office and confer upon it duties and functions which had been impliedly conferred by the constitution upon the state auditor.”
St. Alphonsus Reg'l Med. Ctr., Ltd. v. Killeen, 858 P.2d 736 (Idaho 1993). “Idaho Code § 31-2202 enumerates among the duties of the sheriff that “[t]he sheriff shall perform the following .”
State v. Hallenbeck, 114 P.3d 154 (Idaho Ct. App. 2005). “A deputy’s duties include those enumerated in I.C. § 31-2202(12), which directs that a sheriff shall: (a) Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety of others; [and] (d) Regulate…”
— Idaho Code § 31-2202(12) — 1 case
State v. Hallenbeck, 114 P.3d 154 (Idaho Ct. App. 2005). “A deputy’s duties include those enumerated in I.C. § 31-2202(12), which directs that a sheriff shall: (a) Require all persons using the highways in the state to do so carefully, safely and with exercise of care for the persons, property and safety of others; [and] (d) Regulate…”
— Idaho Code § 31-2202(13) — 1 case
Udy v. Custer Cnty., 34 P.3d 1069 (Idaho 2001). “As the district court observed in this case, adding a phrase like "maintaining the state highways for traffic safety" to I.C. § 31-2202 could reasonably be interpreted to include the removal of obstructions.”
— Idaho Code § 31-2202(6) — 2 cases
Allied Bail Bonds, Inc. v. Cnty. of Kootenai, 258 P.3d 340 (Idaho 2011). “Although Allied points to I.C. §§ 20-622 and 31-1503 as statutes authorizing the Board to manage the process by which the Sheriff collects bail from prisoners, the first merely requires county commissioners to “take all necessary precaution against escape, sickness, or…”
Williamson v. Ada Cnty., 509 P.3d 1133 (Idaho 2022). “” I.C. § 31-2202(6). Ada County reasons the development of roll call policies is the type of decision entrusted to Ada County by the Idaho Legislature and they should be free to perform this responsibility without undue inhibition from the threat of liability and to limit…”
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