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According to a state-published arrest report, 51,749 arrests were made in Idaho in 2023. This figure represents a 0.69% increase from the 51,393 arrests recorded in the Gem State in 2022. In the previous years, the state recorded 49,710, 47,049, and 57,551 arrests in 2021, 2020, and 2019, respectively. In 2023, 19,650 arrests were made without a warrant, 15,332 arrests were made based on a warrant, and 16,767 arrests were made based on summons or citations.
Of the 51,749 arrests made in 2023, 5,439 were juveniles, while adults accounted for 46,307. Also, 7,645 were for DUI offenses, 10,683 were for drug or narcotic violations, and 94 and 13 were for robbery and murder, respectively.
According to Section 19-601 of the Idaho Statutes, an arrest is taking a person into custody in a case and manner authorized by law. A peace officer or a private individual may make arrests in the state. Per Section 19-602 of the Idaho Statutes, an arrest is made by an actual restraint of the suspect or defendant or by the suspect's submission to the custody of the arresting officer. Generally , the suspect or defendant must not be subjected to more restraint than is necessary for their arrest and detention.
Under Title 19 (Criminal Procedure) of the Idaho Code, an arrest may be made with or without a warrant under specific conditions.
Idaho laws generally allow law enforcement officers to make a warrant arrest using an arrest warrant or a bench warrant. A warrant is issued by a magistrate or judge after an affidavit or sworn oral statement is presented by a law enforcement officer. However, the magistrate or judge may only issue the arrest warrant after deciding that there is probable cause to believe that an offense was committed and that the suspect committed it. Probable cause must be premised on substantial evidence, which may be hearsay, provided there is a considerable basis, considering the totality of the circumstances in the matter.
Per Section 19-607 of the Idaho Code, if the offense for which a person is being arrested is a felony, the arrest may be made on any day and at any time. However, if the offense is a misdemeanor, the arrest may not be made inside the suspect's residence between 8:00 p.m. and 8:00 a.m. unless upon the direction of the magistrate and as permitted in the arrest warrant or where consent was given to enter the suspect's residence by a person with real or apparent authority. Also, Section 19-609 of the state code states that if the arresting officer is making an arrest under the authority of a warrant, the officer must show the warrant if requested.
Section 19-1504 of the Idaho Code provides for arrests with a bench warrant. If a defendant has been discharged on bail or has rather deposited money but does not appear before the court for arraignment when their personal attendance is necessary, the court may issue a bench warrant for the arrest of the defendant in addition to the forfeiture of the undertaking of bail or the money deposited.
Under Section 19-603 of the Idaho Code, a law enforcement officer may make an arrest without a warrant:
In addition, an arrest without a warrant may be made in proceedings against fugitives from justice according to Section 19-4514 of the Idaho Code. In such an instance, an arrest may be legally made by a law enforcement officer or a private individual without a warrant upon reasonable information that the accused remains charged in the courts of a state with an offense that is punishable by death or imprisonment for a term no more than one year.
Regardless of the condition of a warrantless arrest, Idaho law states that the arrestee must be taken before a judge or magistrate as soon as practicably possible, and complaints must be made against the arrestee under oath stating the grounds for the arrest.
Law enforcement officers typically arrest an individual on suspicion of committing an offense. When they do, an arrest record is created containing information gathered during and immediately after the arrest. Unlike a criminal record, an arrest record typically does not contain information on the final outcome of a case if the arrest led to a court case. If you want information on whether a person pleads guilty or not to a criminal charge, conviction information, or sentencing information, you may need a criminal record and not an arrest record.
Typically, an Idaho arrest record includes:
You may access Idaho arrest records in multiple ways. These records are public information maintained at both the state and local levels.
The state police in Idaho, through its Bureau of Criminal Identification (BCI), generally keeps a database of criminal records, including arrest records. The BCI allows searches for arrest or criminal records via a fingerprint background check or a name-based background check. Although either method requires a $20 fee, a completed fingerprint card must be attached to the completed fingerprint-based background check form before submission. Completed forms (whether fingerprint-based or name-based) must be submitted to:
Idaho State Police
Bureau of Criminal Investigation
700 S. Stratford
Dr. Ste. 120
Meridian, ID 83642
County- and city-level authorities in Idaho are vital in maintaining arrest records for arrests occurring within their jurisdictions. You may visit the local law enforcement office that made an arrest to inquire about the record of that arrest. Some sheriff's offices and local PDs make some arrest record information available via their websites. For instance, you may search arrest records online from the sheriff's office websites in Canyon County and Blaine County. When no online resource for searching arrest records is available by a law enforcement agency, consider visiting the agency's address to make an in-person inquiry.
If an arrest leads to a court case, the Idaho court system will likely have arrest information as part of the case records maintained by the court physically at the courthouse and online on the court portal. To conduct an in-person search, visit the court clerk's office in the location where the case was filed. For an online search, visit the Idaho Court Portal and search for records by name, case number, or other identifying information.
Several third-party websites may obtain public record information from various sources, making it available for people to look up such information. Arrest records are typically some of the information available from the databases of such third-party websites. These websites often charge fees to search their databases. While third-party sites can be convenient, their information may not always be up to date.
In Idaho, an arrest report typically remains on your record for life, except if the report was expunged.
Expungement in Idaho is a legal process backed by a court order, of destroying information or records in files, computers, and other archives or databases involving criminal charges. Expungement in Idaho is only available in limited circumstances. According to Code 67-3004 (10), any individual arrested or served a criminal summons who subsequently was not charged by information or indictment within one year of their arrest or summons may have the fingerprint and criminal history record taken about the incident expunged. Also, a person who was arrested and charged but has had all charges dismissed may have the records pertaining to that incident expunged by submitting a written request to:
Idaho State Police
700 W Stratford
Dr. Ste. 120
Meridian ID 83642
Idaho may also permit the expungement of arrest records related to:
Due to the legal complexities surrounding eligibility for expungement in Idaho, you may consult an experienced Idaho expungement lawyer to verify that your arrest record qualifies for expungement before submitting an expungement petition. After determining that you are eligible for expungement, you may follow these steps to complete the expungement process:
Idaho State Police
700 S. Stratford Dr., Suite 120
Meridian, ID 83642
Per Section 19-604 of Idaho Statutes, a private individual may arrest another:
Under Idaho law, a private citizen making an arrest for the commission of a public offense must take the arrestee before a magistrate or deliver them to a law enforcement officer without unnecessary delay.
You may typically look up arrest warrants in Idaho in the following ways:
Police departments and county sheriff's offices in Idaho maintain records of active arrest warrants for arrests within their jurisdiction. Since most arrests are made by law enforcement officers in police departments and county sheriff's offices, contacting these locations is the most direct method of searching for arrest warrants in Idaho. Some county sheriff's offices and police departments allow the public to search arrest warrants online. For instance, the Ada County Sheriff's Office and the Kootenai County Sheriff's Office make warrant searches available online. You may visit the law enforcement office or call their records or warrant division if online resources are unavailable.
Some arrest warrants are available via the Idaho court system. If an arrest led to a criminal proceeding, chances are that you will be able to find it by searching Idaho court records. You may visit the office of the clerk of court, where the judge or magistrate who issued the warrant sites to search court records for warrant information. Alternatively, you may use the Idaho iCourt Portal to access case information for arrest warrant information.
You may opt for an arrest warrant search from a third-party website offering the service. These sites typically compile public record information from various sources into a single searchable database. However, verifying the accuracy of information from such non-governmental databases may be difficult.
Generally , if the odds are high that an arrest warrant exists for you and you are worried about the potential legal repercussions of the warrant, you may consider hiring an experienced attorney to search on your behalf. An attorney has deep knowledge about the criminal and court system in the state and may be able to access specific resources more quickly and easily than you can. If an arrest warrant is found, the attorney may immediately advise on the best action to resolve the issue.