Idaho Code
Idaho Code

Idaho Code § 49-1405 (2026)

Arrests for serious offenses. 

✓ current as of May 2026
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Arrests for serious offenses. 

(1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses:

(a)  Negligent homicide.
(b)  Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence of alcohol or other intoxicating beverage.
(c)  Driving a vehicle or operating a vessel while under the influence of any narcotic drug, or driving a vehicle or operating a vessel while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle.
(d)  Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries.
(e)  Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or vessel or to fixtures or other property legally upon or adjacent to a highway or waterway.
(f)  Reckless driving.
(g)  Fleeing or attempting to elude a peace officer.
(2)  Whenever any person is arrested as authorized in this section, he shall be taken without unnecessary delay before the proper magistrate as provided by law, except that in the case of either of the offenses designated in paragraphs (1)(e), (f) and (g) of this section, a peace officer shall have the same discretion as is provided by law.
(3)  As used in this section, the term "vessel" shall be as defined in section 67-7003, Idaho Code.
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1991–2023 · leading case: State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011).
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State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011). · cites it 33× “Among Title 49 statutes that do grant officers the authority to arrest for traffic misdemeanors are sections 49-1405 and 49-1407. 2 The applicable portion of subsection (1) of section 49-1405 states, “The authority to make an arrest is the same as upon an arrest for a felony…”
State v. Plata Iniguez, 526 P.3d 1003 (Idaho 2023). · cites it 10× “The magistrate court conducted an evidentiary hearing on Plata’s motion, and ordered the parties to submit written closing arguments.”
State v. Robinson, 163 P.3d 1208 (Idaho Ct. App. 2007). · cites it 8× “Not only must there be a true exigency, but the police must also possess the requisite probable cause and act under a statute like I.C. §§ 49-1405 or 19-603(6); or otherwise observe the public offense being committed in their presence.”
State v. Amstutz, 492 P.3d 1103 (Idaho 2021). · cites it 6× “The district court denied Amstutz’s motion on three alternative grounds, holding the warrantless arrest was lawful under: (1) Idaho Code section 49-1405(1)(b); (2) the collective knowledge doctrine; and (3) Idaho Code section 19-603(2).”
State v. Carr, 844 P.2d 1377 (Idaho Ct. App. 1992). · cites it 4× “More to the point, he argues that because the offense is not listed in I.C. § 49-1405, which describes the authority to make arrests “the same as upon an arrest for a felony” for enumerated “serious offenses” involving motor vehicles, the offense of driving without privileges is…”
Mercer v. Dep't of Motor Vehs., 809 P.2d 404 (Cal. 1991). “, Idaho Code § 49-1405 (b) & (c); Mo. Rev. Stat.”
State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998). · cites it 2× “For example, I.C. § 49-1405 provides that the authority to make an arrest is the same as upon arrest for a felony when a person is being charged with certain delineated serious offenses, which do not include driving without a valid license; and I.”
Reagan v. Idaho Transp. Dep't (Idaho 2021). · cites it 32× “An administrative hearing officer for ITD, relying on Idaho Code section 49-1405, upheld the license suspension.”
United States v. Cline, 58 F. App'x 249 (9th Cir. 2003). “Pursuant to Idaho Code § 49-1405 (1)®, officers have authority to arrest individuals for reckless driving under their felony arrest powers.”
State v. Cody Porter Radford (Idaho Ct. App. 2016). · cites it 2× “” I.C. § 49-1405(1)(f). Reckless driving is defined as operating a vehicle “carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property.”
State v. Campbell, 185 P.3d 266 (Idaho Ct. App. 2008). · cites it 2× “ANALYSIS The misdemeanor of driving without privileges is committed when a person “drives or is in actual physical control of any motor vehicle upon the highways of this state” with knowledge or legal notice that his driver’s license or permit has been revoked or suspended.”
— Idaho Code § 49-1405(1) — 3 cases
State v. Plata Iniguez, 526 P.3d 1003 (Idaho 2023). “The magistrate court conducted an evidentiary hearing on Plata’s motion, and ordered the parties to submit written closing arguments.”
State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011). “Among Title 49 statutes that do grant officers the authority to arrest for traffic misdemeanors are sections 49-1405 and 49-1407. 2 The applicable portion of subsection (1) of section 49-1405 states, “The authority to make an arrest is the same as upon an arrest for a felony…”
Reagan v. Idaho Transp. Dep't (Idaho 2021). “An administrative hearing officer for ITD, relying on Idaho Code section 49-1405, upheld the license suspension.”
— Idaho Code § 49-1405(1)(b) — 2 cases
State v. Amstutz, 492 P.3d 1103 (Idaho 2021). “The district court denied Amstutz’s motion on three alternative grounds, holding the warrantless arrest was lawful under: (1) Idaho Code section 49-1405(1)(b); (2) the collective knowledge doctrine; and (3) Idaho Code section 19-603(2).”
Reagan v. Idaho Transp. Dep't (Idaho 2021). “An administrative hearing officer for ITD, relying on Idaho Code section 49-1405, upheld the license suspension.”
— Idaho Code § 49-1405(1)(f) — 2 cases
State v. Cody Porter Radford (Idaho Ct. App. 2016). “” I.C. § 49-1405(1)(f). Reckless driving is defined as operating a vehicle “carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger any person or property.”
Reagan v. Idaho Transp. Dep't (Idaho 2021). “An administrative hearing officer for ITD, relying on Idaho Code section 49-1405, upheld the license suspension.”
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