Idaho Code
Idaho Code

Idaho Code § 49-1409 (2026)

Issuance of traffic citation. 

✓ current as of May 2026
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Issuance of traffic citation. 

Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shall issue a citation as provided by section 19-3901, Idaho Code, and by rule of the supreme court.

Notes of Decisions
Cited in 5 cases, 1993–2011 · 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 7× “See Idaho Code § 49-1409 (“Whenever a person is halted by a peace officer for a misdemean- or traffic violation .”
State v. Gibson, 108 P.3d 424 (Idaho Ct. App. 2005). · cites it 2× “I.C. § 49-1409; State v. Foldesi, 131 Idaho 778, 781-82 , 963 P.”
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). “” Idaho Code § 49-1409 (1988); see also Idaho Code § 49-1411 (1988) ("[a] person shall be taken before a magistrate or given a traffic citation and the charge subsequently processed, as provided by rule of the supreme court”).”
State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998). · cites it 2× “Idaho Code § 49-1409 provides: “Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shad issue a citation as provided by section 19-3901, Idaho Code, and by…”
State v. Brown, 85 P.3d 683 (Idaho Ct. App. 2004). · cites it 4× “Idaho Code § 49-1409 provides: “Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shall issue a citation as provided by section 19-3901, Idaho Code, and by…”
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