Idaho Code
Idaho Code § 49-1408 (2026)
Arrest of nonresident.
✓ current as of May 2026
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Arrest of nonresident.
(1) All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated.
(2) A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this title in connection with the accident, and if the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
(3) Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper magistrate as specified in section 49-1411, Idaho Code.
Notes of Decisions
Cited in 3
cases, 1998–2018 · leading case: State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011).
State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011). “See also section 49-1408, which authorizes the arrest of a non-resident involved in an accident when the officer has probable cause to believe the person has committed a traffic offense and has reasonable and probable grounds to believe the person will disregard a written…”
State v. Horton, 434 P.3d 824 (Idaho Ct. App. 2018). “" 2 Idaho Code § 49-1408 (1) states, "All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated.”
State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998). “§ 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.C. § 49-1408 authorizes the arrest of a…”
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