Idaho Code
Idaho Code

Idaho Code § 49-1407 (2026)

When peace officer has option to take person before a magistrate. 

✓ current as of May 2026
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When peace officer has option to take person before a magistrate. 

Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code, in the following cases:

(1)  When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
(2)  When the person is charged with a violation relating to the refusal of a driver of a vehicle to submit a vehicle to an inspection and test.
(3)  When the person is charged with a violation relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom.
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1991–2023 · leading case: State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017).
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State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017). · cites it 34× “It is insufficient for law enforcement to simply ‘disbelieve’ information presented by an offender in order to justify an arrest under Idaho Code 49-1407.” For the first time on appeal, the State argues that: “In this case Trooper Otto developed probable cause to believe that…”
State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). · cites it 64× “I.C. § 49-1407. 13 Notwithstanding, I wish to take this opportunity to point out that the commission of any misdemeanor in violation of title 49 of the Idaho Code could subject a driver to an arrest and search without any meaningful remedy.”
State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011). · cites it 20× “Section 49-1407 also gives an officer the authority to make a warrantless arrest for a traffic misdemeanor under limited circumstances.”
State v. Islas, 443 P.3d 274 (Idaho Ct. App. 2019). · cites it 6× “In the district court, the State argued that Garcia-Rodriguez was validly arrested pursuant to I.C. § 49-1407. On appeal, the State changed course and argued that the application of I.”
State v. Gonzalez, 439 P.3d 1267 (Idaho 2019). · cites it 2× “The State responded that Idaho Code section 49-1407 provided grounds for officers to arrest so long as they had reasonable and probable grounds to believe the person would disregard a written promise to appear in court, which they argued they indeed had.”
Susan Hallstrom Robert Hallstrom v. City of Garden City Randy W. Snapp Sgt. Thurston Vaughn Killeen, Sheriff Mike Roberts, 991 F.2d 1473 (9th Cir. 1993). · cites it 3× “Under Idaho Code § 49-1407 (1988), an officer has the option of taking the person “without unnecessary delay” before a magistrate rather than issuing a traffic citation, “[w]hen the person does not furnish satisfactory evidence of identity or when the officer has reasonable and…”
State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998). · cites it 7× “The circumstances under which an arrest for this misdemeanor is permitted are specified in I.C. § 49-1407. 4 The relevant portion of that statute provides: Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not…”
State v. Headley, 941 P.2d 311 (Idaho 1997). · cites it 6× “Headley relies on I.C. § 49-1407, which provides for the arrest of individuals for misdemeanor traffic violations in only three circumstances.”
State v. Brown, 85 P.3d 683 (Idaho Ct. App. 2004). · cites it 6× “The circumstances under which an arrest for this misdemeanor is permitted are specified in I.C. § 49-1407. The relevant portion of that statute provides: Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not…”
State v. Victor Garcia-Rodriguez (Idaho Ct. App. 2016). · cites it 34× “” The court held Garcia-Rodriguez’s Mexican consulate card was satisfactory evidence of identity, and the officer did not have reasonable and probable grounds to believe Garcia-Rodriguez would not honor a written promise to appear in court.”
State v. Victor Garcia-Rodriguez (Idaho 2017). · cites it 15× “It is insufficient for law enforcement to simply ‘disbelieve’ information presented by an offender in order to justify an arrest under Idaho Code 49-1407.” For the first time on appeal, the State argues that: “In this case Trooper Otto developed probable cause to believe that…”
State v. Victor Garcia-Rodriguez (Idaho 2017). · cites it 15× “It is insufficient for law enforcement to simply ‘disbelieve’ information presented by an offender in order to justify an arrest under Idaho Code 49-1407.” For the first time on appeal, the State argues that: “In this case Trooper Otto developed probable cause to believe that…”
Show all 20 citing cases →
— Idaho Code § 49-1407(1) — 9 cases
State v. Victor Garcia-Rodriguez, 396 P.3d 700 (Idaho 2017). “It is insufficient for law enforcement to simply ‘disbelieve’ information presented by an offender in order to justify an arrest under Idaho Code 49-1407.” For the first time on appeal, the State argues that: “In this case Trooper Otto developed probable cause to believe that…”
State v. Islas, 443 P.3d 274 (Idaho Ct. App. 2019). “In the district court, the State argued that Garcia-Rodriguez was validly arrested pursuant to I.C. § 49-1407. On appeal, the State changed course and argued that the application of I.”
State v. Brown, 85 P.3d 683 (Idaho Ct. App. 2004). “The circumstances under which an arrest for this misdemeanor is permitted are specified in I.C. § 49-1407. The relevant portion of that statute provides: Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not…”
State v. Victor Garcia-Rodriguez (Idaho 2017). “It is insufficient for law enforcement to simply ‘disbelieve’ information presented by an offender in order to justify an arrest under Idaho Code 49-1407.” For the first time on appeal, the State argues that: “In this case Trooper Otto developed probable cause to believe that…”
State v. Victor Garcia-Rodriguez (Idaho 2017). “It is insufficient for law enforcement to simply ‘disbelieve’ information presented by an offender in order to justify an arrest under Idaho Code 49-1407.” For the first time on appeal, the State argues that: “In this case Trooper Otto developed probable cause to believe that…”
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