What Do You Know About Idaho's Citizen's Arrest Law?

It might seem like something out of a Wild West movie, but a Citizen's Arrest remains a very real and active piece of legislation throughout the United States today.

What is a Citizen's Arrest?

In short, the idea behind a Citizen's Arrest is that one private citizen may "arrest" another engaged in a serious crime or illegal activity. What's interesting, however, is how the parameters vary from state-to-state.

According to Wex Legal Dictionary, in Texas, a citizen's arrest statute dictates one private citizen may only arrest "someone that is committing a felony or an offense against the public peace in front of them." Likewise in California, the statute indicates a private citizen has the right to arrest someone "for a a public offense committed or attempted in their presence."

Idaho's Citizen's Arrest Law is...Unique

Then there's Idaho. According to 19-604 found in Title 19 Criminal Procedure, Chapter 6 "Arrest, By Whom & How Made" in the Idaho Legislature, as of 1 Jul. 2022, a private citizen has the power to arrest another for the following reasons:

1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

The first reason resonates as a, "see something, say something," scenario, and that's fine by us. It's the second and third reasons we take exception to.

Regarding the second point, how is it legal and dandy for one Idahoan to arrest another for a crime that didn't occur in their presence? That's like a parent who grounds their kid for something the nosey neighbor told them they did. Then there's the third point, which allows an Idahoan to arrest another based upon mere belief or feeling.

A Citizen's...Hunch?

If you ask us, the third scenario is the scariest of them all! The very idea that someone can arrest anyone based on a hunch or a gut feeling is the antithesis of due process. What's stopping vengeful ex-lovers, disgruntled employers, etc. from ruining your life? All things considered, should we be worried about Idaho's fast and loose application of a Citizen's Arrest?

Email me with your thoughts & opinions at ryan.valenzuela@townsquaremedia.com!

Idaho Kids Do This Every Day Even Though It Could be Against the Law

Idaho's Child Pedestrian Protocol: rule or law?

We were today-years-old when we learned children 10-and-under do not and cannot process roadway environments the same as adults.

Walk Smart Idaho

According to Walk Smart, a pedestrian safety initiative launched by the Idaho Transportation Department, "Children observe a roadway environment from a different perspective than adults" for multiple reasons.

Rule or Law?

While we support the logic laid out in Walk Smart's child pedestrian section, it remains unclear as to whether or not it's actually against the law for kids under 10 to cross the street alone in Idaho.

One on hand, we have ITD making the point that "young children are vulnerable near traffic and should always be accompanied by an adult." On the other hand, Idaho Statute 49-702 , Pedestrians & Bicycles, makes no mention of minors or children 10-and-under crossing streets.

Whether it's a residential or high-volume street, scroll on for seven reasons the state of Idaho says young children should never cross a street alone.

Gallery Credit: Ryan Valenzuela

Boise's 7 Most Blown-Off & Forgotten Traffic Laws

Gallery Credit: Ryan Valenzuela

Horses Need Turn Signals: 7 of Idaho's Strangest Traffic Laws

If you're new to Idaho, welcome!

Before you buckle up and hit the road, make sure you're aware of the Gem State's strangest road rules! From school bus concerns to how to handle horses in traffic, scroll for a list of helpful things to know behind the wheel in Idaho.

Gallery Credit: Ryan Valenzuela