General Law

Question 1

19-601

Answer 1

An arrest is taking a person into custody

Question 2

18-111

Answer 2

Fmi

Question 2

18-112

Answer 2

Felony pinish

Question 3

18-113

Answer 3

Miss punish infract

Question 5

18-4011
Deadly Foce

Answer 5

Whenreasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Deadly force can be sused if probably cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons, or in preventing escape or retaking inmates.

Question 6

19-301

Answer 6

All offenders liable to punishment

Question 7

19-302

Answer 7

Offenses commenced without the state

Question 8

19-303

Answer 8

Fighting duels out of state - When an inhabitant/resident of this stated fights a duel out of the state, and a wound is inflicted wherof he dies in this state, the jurisdiction of the offense is in the state of Idaho.

Question 9

19-304

Answer 9

Offenses committed in different counties - When a public offense is committed in part in one county in one and in part in another, the venue is in either county. If the offense occurs in the state of Idaho, but unknown counties then Ada County will be the venue.

Question 10

19-305

Answer 10

Offenses committed on/near county boundaries - When a public offense is committed on the boundary of two or more counties, or within five hundred yards therof, the venue is in either county.

Question 11

19-306

Answer 11

Offenses committed on boats, vessels, trains, motor vehicles, or aircraft - When an offense happens in transit the venue is in the county through which they traveled or terminated.

Question 12

19-307

Answer 12

Kidnapping is in venue where offense was committed

Question 13

19-308

Answer 13

Bigamy or incest is committed in one county and the defendant is apprehended in another county, the venue is in either county.

Question 14

19-309

Answer 14

When property taken in one county by burglary, robbery or theft has been brought inot another , the vneue of the offense is in either county. But the former county can demand have him delivered to the former county.

Question 15

19-310

Answer 15

The venue of a criminal action for escaping from prison is in any county of the state.

Question 16

19-311

Answer 16

Bringing stolen property into the state - THe venue will be any county into or through which such stolen property has been brought.

Question 17

19-312

Answer 17

Murder or Manslaughter - When the injury was caused the deaht was inflicted in one county and the party injured dies in another county or out of the state, venue is in the county where the injury was inflicted.

Question 18

19-313

Answer 18

In the case of an accessory in the commission of a public offense, the venue is in the county where the offense of the accessory was committed.

Question 19

19-314

Answer 19

The venue of a criminal action against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this code if he were so present and aiding and abetting therein.

Question 20

19-315

Answer 20

When an act charged as a public offens, is withing the venue of another state, as well as this state, a conviction or acquittal therof in the former is a bar to the prosecution of indictment in this state.

Question 21

19-316

Answer 21

When an offense is within the venue of tow or more counties, a conviction or acquittal therof in one county is bar to a prosecution or indictment therfore in another.

Question 22

19-602
Arrest Defined

Answer 22

An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of an officer. The defendant must not be subjected to any more restraint then is necessary for his arrest and detention.

Question 23

19-603
A peace officer may make an arrest

Answer 23

in obedience to a warrant delivered to him, for a offence committed or attempted in his presence, when a person has committed a felony (although not in his presence), when a felony has been committed and has reasonable cause for believeing the person arrested has committed it, upon immediate response to a report of assault, battery, domestic battery, stalking, violation of no contact order, and violation of a protection order.

Question 24

19-604
Citizen’s Arrest

Answer 24

A private person may arrest another when a public offense committed or attempted in his presence, when the person arrested has committed a felony, although not in his presence, and when a felony has been in fact committed, and he has reasonalb ecause for believing the person arrested to have committed it.

Question 25

19-605
Magistrate Order of Arrest

Answer 25

Magistrate may orally order a peace officer or private person to arrest any one committing or attempting a crime in his presence.

Question 26

19-606
Calling for Assistance

Answer 26

Any person making an arrest may orrally summon as many persons as he deems necessary to aid him therein.

Question 27

19-607
Warrants to be Served

Answer 27

Felony warrant can be served day or night. Misdemeanor arrests will not be made in the person’s residence between 0800-2000 hours, unless the warrant specifies or where consent was given to enter the residence by a person with real or apparent authority.

Question 28

19-608
Notification of Arrest

Answer 28

The person making the arrest must tinform the person to be arrested of the intention to arrest him, the cause of the arrest, and the authority to make the arrest.

Question 29

19-609
Warrants must be read

Answer 29

If the person making the arrest is acting under the authority of a warrant, he must show (read) the warrant.

Question 30

19-610
Use of Force

Answer 30

When the arrest is being made by an officer… the officer may use all reasonable and necessary means to effect the arrest and will be justified in using deadly force under 18-4011

Question 31

19-611
Entering house for felony arrest

Answer 31

To make a felony arrest a peace officer may break open the door or window of the house in which the person is or believed to be, after having demanded admittance and explained the purpose for which admittance is desired.

Question 31

19-615
Take Offender to Judge

Answer 31

When an arrest is made without a warrant by a peace officer the person must be taken without unnecessary delay, be taken before the nearest magistrate.

Question 33

19-617

Answer 33

Telegraphic warrants (NCIC) will be returned to the office which they were sent from.

Question 33

19-616
Telegraphic Warrants

Answer 33

Telegraphic warrants (NCIC) should be treated just like a normal warrant.

Question 35

19-705
Fresh Pursuit Defined

Answer 35

Pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony, or supposed felony.

Question 36

19-805

Answer 36

Magistrate can admit him to bail or discharge him from custody upon the deposit of money (bond).

Question 37

49-1405

Answer 37

V