Idaho Code

Idaho Code § 49-205 (2026)

Duties of local officers.

✓ current as of May 2026

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Duties of local officers.

(1) The assessors of the various counties of the state shall be agents of the department and shall perform duties prescribed in this title. With the concurrence of the department, a county assessor may appoint one (1) or more agents to perform the duties prescribed in chapters 4 and 5 of title 49, Idaho Code. Such agent shall post a faithful performance bond in an amount and form acceptable to the department. The assessor may negotiate for reasonable reimbursement of expenses to an agent for any duties performed by the agent under terms of agreement with the county assessor.

(2) The county assessors shall receive and file in their respective offices all instruments required by chapter 5 of this title to be filed with the county assessors.

(3) It shall be the duty of peace officers within the state of Idaho to enforce and make arrests for the violation of the provisions of this title without the necessity of procuring a warrant. It shall be the duty of authorized employees of the department to enforce compliance with the laws in accordance with section 40-511, Idaho Code.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: Olguin v. City of Burley, 810 P.2d 255 (Idaho 1991).

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Olguin v. City of Burley, 810 P.2d 255 (Idaho 1991). · cites it 12× “I.C. § 49-205(3). None of these statutes imposes a duty on a police officer to arrest a person who is intoxicated, who possesses keys to a *259 vehicle the person might drive, and who has not committed some other crime for which the officer might arrest the person.”

— Idaho Code § 49-205(3) — 1 case

Olguin v. City of Burley, 810 P.2d 255 (Idaho 1991). “I.C. § 49-205(3). None of these statutes imposes a duty on a police officer to arrest a person who is intoxicated, who possesses keys to a *259 vehicle the person might drive, and who has not committed some other crime for which the officer might arrest the person.”

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