Idaho Code
Idaho Code

Idaho Code § 49-1411 (2026)

Appearance before magistrate — Procedure. 

✓ current as of May 2026
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Appearance before magistrate — Procedure. 

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.

Notes of Decisions
Cited in 7 cases, 1991–2015 · leading case: State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015).
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State v. Alesha Ann Green, 354 P.3d 446 (Idaho 2015). · cites it 8× “” Warrantless 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,…”
State v. Jones, 265 P.3d 1155 (Idaho Ct. App. 2011). · cites it 2× “For example, section 49-1407 itself refers to section 49-1411, which outlines the proper procedure for an appearance before a magistrate.”
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× “he 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 required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a…”
State v. Brown, 85 P.3d 683 (Idaho Ct. App. 2004). · cites it 2× “he 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 required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a…”
Hallstrom v. City of Garden City, Id., 811 F. Supp. 1443 (D. Idaho 1991). · cites it 4× “— Whenever any person is halted by a peace officer for any violation of the provisions of this title not amounting to a misdemeanor and demands an immediate appearance before a magistrate, he shall be taken without unnecessary delay before the proper magistrate as specified in…”
State v. Taylor Swain (Idaho Ct. App. 2015). · cites it 2× “New Hampshire, 403 1 Idaho Code Section 49-1407 provides, in pertinent part: 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…”
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