19-501. DEFINITION OF COMPLAINT. The complaint is the allegation in writing, made to a magistrate, that a person has been guilty of some designated public offense. History: [(19-501) Cr. Prac. 1864, sec. 99, p. 226; R.S., R.C., & C.L., sec. 7509; C.S., sec. 8706; I.C.A., sec. 19-501; am. 1969, ch. 79, sec. 1, p. 230.]
19-502. DEFINITION OF MAGISTRATE. A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. History: [(19-502) Cr. Prac. 1864, sec. 100, p. 226; R.S., R.C., & C.L., sec. 7510; C.S., sec. 8707; I.C.A., sec. 19-502.]
19-503. WHO ARE MAGISTRATES. The following persons are magistrates: (1) The justices of the supreme court. (2) The judges of the court of appeals. (3) The district judges. (4) Magistrates of the district court. History: [(19-503) Cr. Prac. 1864, sec. 101, p. 226; R.S., R.C., & C.L., sec. 7511; C.S., sec. 8708; I.C.A., sec. 19-503; […]
19-504. PERSON LODGING COMPLAINT. When a complaint which has been subscribed to under oath by the party or parties lodging the same is laid before a magistrate alleging facts constituting the commission of a public offense, triable within the county, and the magistrate finds that the complaint alleges a public offense under the Idaho Code […]
19-505. CONTENTS OF COMPLAINT. The complaint must set forth the facts stated by the complaining witness, tending to establish the commission of the public offense and the guilt of the defendant. History: [(19-505) Cr. Prac. 1864, sec. 103, p. 226; R.S., R.C., & C.L., sec. 7517; C.S., sec. 8710; I.C.A., sec. 19-505; am. 1969, ch. […]
19-506. WHEN WARRANT MAY ISSUE. A magistrate may issue a warrant for the arrest of the defendant only after making a determination that there is probable cause to believe that an offense has been committed and that the defendant committed it. History: [(19-506) Cr. Prac. 1864, sec. 104, p. 226; R.S., R.C., & C.L., sec. […]
19-507. FORM OF WARRANT. A warrant of arrest is an order in writing, in the name of the state of Idaho, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form: County of …., state of Idaho. To any sheriff, constable, marshal, or policeman of said state, […]
19-508. ADDITIONAL REQUIREMENTS OF WARRANT. The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state the time of issuing it, and the county, city, or town where it is issued, and be signed by the […]
19-509. TO WHOM WARRANT DIRECTED. The warrant must be directed to and executed by a peace officer. History: [(19-509) Cr. Prac. 1864, sec. 107, p. 227; R.S., R.C., & C.L., sec. 7521; C.S., sec. 8714; I.C.A., sec. 19-509.]
19-510. PEACE OFFICERS ENUMERATED. A peace officer is a sheriff of a county, or a constable, marshal, or policeman of a city or town. History: [(19-510) Cr. Prac. 1864, sec. 108, p. 227; R.S., R.C., & C.L., sec. 7522; C.S., sec. 8715; I.C.A., sec. 19-510.]
19-510A. PEACE OFFICERS’ POWERS TO EMPLOYEES OF THE STATE BOARD OF CORRECTION. All employees of the state board of correction who receive peace officer certification from the Idaho peace officer standards and training council shall have all the authority given by statute to peace officers of the state of Idaho. All other employees designated by […]
19-511. RAILROAD AND STEAMBOAT POLICE. The governor of the state of Idaho is authorized and empowered, upon the application of any railroad or steamboat company to appoint and commission during his pleasure any person designated by such company to serve at the expense of such company as policeman, with the powers of a police officer, […]
19-512. DIRECTION TO OFFICERS THROUGHOUT STATE. If a warrant is issued by a magistrate, it may be directed generally to any sheriff, constable, marshal or policeman in the state, and may be executed by any of those officers to whom it may be delivered. History: [(19-512) Cr. Prac. 1864, sec. 109, p. 227; R.S., R.C., […]
19-514. DEFENDANT TO BE TAKEN BEFORE MAGISTRATE. If the offense charged is a felony, the officer making the arrest must cause the defendant to be taken before the magistrate who issued the warrant, or in the case of his absence or inability to act, before the nearest or most accessible magistrate in the same county, […]
19-515. NO UNNECESSARY DELAY — ATTORNEY MAY VISIT DEFENDANT. The defendant must in all cases be taken before the magistrate without unnecessary delay, and any attorney at law entitled to practice in courts of record of the state of Idaho may, at the request of the prisoner after such arrest, visit the person so arrested. […]
19-516. COMPLAINT TO BE TRANSMITTED TO MAGISTRATE. If the defendant is brought before a magistrate other than the one who issued the warrant, the complaint upon which the warrant was issued must be sent to that magistrate, or, if such complaint can not be procured, the complaining witness must be summoned to lodge a new […]
19-517. OFFENSES TRIABLE IN ANOTHER COUNTY — PROCEEDINGS. When a complaint is laid before a magistrate of the commission of a public offense, triable in another county of the state, but showing that defendant is in the county where the complaint is laid, the same proceedings must be had as prescribed in this chapter, except […]
19-518. DUTIES OF OFFICER. The officer who executes the warrant must take the defendant before the magistrate most accessible to the witnesses for the prosecution, but in the county in which the offense is triable, and must deliver to him the complaint and the warrant, with his return indorsed thereon, and the magistrate must then […]
19-519. NOTICE OF DEFENSE OF ALIBI. (1) At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to […]
