reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4301B - PERFORMANCE OF AUTOPSIES.

19-4301B. PERFORMANCE OF AUTOPSIES. The coroner may, in the performance of his duties under this chapter, summon a person authorized to practice medicine and surgery in the state of Idaho to inspect the body and give a professional opinion as to the cause of death. The coroner or the prosecuting attorney may order an autopsy performed if it is deemed necessary accurately and scientifically to determine the cause of death. When an autopsy has been performed, pursuant to an order of a coroner or a prosecuting attorney, no cause of action shall lie against any person, firm or corporation for participating in or requesting such autopsy.
History:
[I.C., sec. 19-4301B, as added by 1961, ch. 262, sec. 4, p. 459.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4301C - RELEASE OF BODY.

19-4301C. RELEASE OF BODY. Where a body is held for investigation or autopsy under this act the coroner shall, if requested by next of kin, release the body for funeral preparation not later than 24 hours after death or discovery of the body, whichever is later. Any district judge may ex parte order the 24 hour period extended upon a showing of reasonable cause by the prosecuting attorney by petition supported by affidavit.
History:
[I.C., sec. 19-4301C, as added by 1961, ch. 262, sec. 5, p. 459.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4301D - CORONER TO MAKE REPORTS.

19-4301D. CORONER TO MAKE REPORTS. When the cause and manner of death is established under the provisions of this chapter the coroner shall make and file a written report of the material facts concerning the cause and manner of death in the office of the clerk of the district court. The coroner shall promptly deliver to the prosecuting attorney of each county having criminal jurisdiction over the case copies of all records relating to every death as to which further investigation may be advisable. Any prosecuting attorney or other law enforcement official may upon request secure copies of the original of such records or other documents or pertinent objects or information deemed necessary by him to the performance of his official duties.
History:
[I.C., sec. 19-4301D, as added by 1961, ch. 262, sec. 6, p. 459.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4302 - JURORS TO BE SWORN.

19-4302. JURORS TO BE SWORN. When six (6) or more of the jurors attend, they must be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death, and to render a true verdict thereon, according to the evidence offered them.
History:
[(19-4302) 1863, p. 475, sec. 136; R.S., R.C., & C.L., sec. 8378; C.S., sec. 9310; I.C.A., sec. 19-4402; am. 1961, ch. 262, sec. 7, p. 459.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4303 - EXAMINATION OF WITNESSES.

19-4303. EXAMINATION OF WITNESSES. Coroners may issue subpoenas for witnesses, returnable forthwith, or at such time and place as they may appoint, which may be served by any competent person. They must summon and examine as witnesses every person who, in their opinion, or that of any of the jury, or the prosecuting attorney, has any knowledge of the facts.
History:
[(19-4303) 1863, p. 475, sec. 137; R.S., R.C., & C.L., sec. 8379; C.S., sec. 9311; I.C.A., sec. 19-4403; am. 1961, ch. 262, sec. 8, p. 459.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4304 - COMPELLING ATTENDANCE OF WITNESSES.

19-4304. COMPELLING ATTENDANCE OF WITNESSES. A witness served with a subpoena may be compelled to attend and testify, or punished by the coroner for disobedience, in like manner as upon a subpoena issued by a magistrate judge.
History:
[(19-4304) 1863, p. 475, sec. 138; R.S., R.C., & C.L., sec. 8380; C.S., sec. 9312; I.C.A., sec. 19-4404; am. 2012, ch. 20, sec. 14, p. 69.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4305 - VERDICT OF JURY.

19-4305. VERDICT OF JURY. After hearing the testimony, the jury must render their verdict and certify the same by an inquisition in writing, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death; and if he was killed, or his death occasioned by the act of another, by criminal means, who is guilty thereof.
History:
[(19-4305) 1863, p. 475, sec. 139; R.S., R.C., & C.L., sec. 8381; C.S., sec. 9313; I.C.A., sec. 19-4405; am. 1961, ch. 262, sec. 9, p. 459.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4306 - REDUCTION OF TESTIMONY TO WRITING.

19-4306. REDUCTION OF TESTIMONY TO WRITING. The testimony of the witnesses examined before the coroner’s jury must be reduced to writing by the coroner, or under his direction, and forthwith filed by him with the inquisition, in the office of the clerk of the district court of the county.
History:
[(19-4306) 1863, p. 475, sec. 140; R.S., R.C., & C.L., sec. 8382; C.S., sec. 9314; I.C.A., sec. 19-4406.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4307 - TRANSMISSION OF TESTIMONY TO MAGISTRATE.

19-4307. TRANSMISSION OF TESTIMONY TO MAGISTRATE. If, however, the person charged with the commission of the offense is arrested before the inquisition can be filed, the coroner must deliver the same, with the testimony taken, to the magistrate before whom such person may be brought, who must return the same, with the depositions and statement taken before him, to the office of the clerk of the district court of the county.
History:
[(19-4307) 1863, p. 475, sec. 141; R.S., R.C., & C.L., sec. 8383; C.S., sec. 9315; I.C.A., sec. 19-4407.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4308 - WARRANT FOR ARREST OF ACCUSED.

19-4308. WARRANT FOR ARREST OF ACCUSED. If the jury find that the person was killed by another, under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by the inquisition, and is not in custody, the coroner must issue a warrant, signed by him, with his name of office, into one (1) or more counties, as may be necessary, for the arrest of the person charged.
History:
[(19-4308) 1863, p. 475, sec. 142; R.S., R.C., & C.L., sec. 8384; C.S., sec. 9316; I.C.A., sec. 19-4408.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4309 - FORM OF WARRANT.

19-4309. FORM OF WARRANT. The coroner’s warrant must be in substantially the following form:
County of …..
The state of Idaho, to any sheriff, constable, marshal, or policeman in this state:
An inquisition having been this day found by a coroner’s jury before me, stating that A.B. has come to his death by the act of C.D., by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above named C.D., and take him before the nearest or most accessible magistrate in this county.
Given under my hand this …. day of …., …..
History:
[(19-4309) 1863, p. 475, sec. 143; R.S., R.C., & C.L., sec. 8385; C.S., sec. 9317; I.C.A., sec. 19-4409; am. 2002, ch. 32, sec. 9, p. 50.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 43 - CORONER’S INQUESTS › Section 19-4310 - SERVICE OF WARRANT.

19-4310. SERVICE OF WARRANT. The coroner’s warrant may be served in any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information before a magistrate; when served in another county it need not be indorsed by a magistrate of that county.
History:
[(19-4310) 1863, p. 475, sec. 144; R.S., R.C., & C.L., sec. 8386; C.S., sec. 9318; I.C.A., sec. 19-4410.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4401 - SEARCH WARRANT DEFINED.

19-4401. SEARCH WARRANT DEFINED. A search warrant is an order in writing, in the name of the state of Idaho, signed by a magistrate, judge or justice directed to an officer or officers named therein, or other officer authorized by law to execute search warrants directing the officer to search for and seize property or intangibles.
History:
[(19-4401) Cr. Prac. 1864, sec. 629, p. 291; R.S., R.C., & C.L., sec. 8390; C.S., sec. 9319; I.C.A., sec. 19-4501; am. 1987, ch. 321, sec. 1, p. 676.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4402 - USE OF SEARCH WARRANT.

19-4402. USE OF SEARCH WARRANT. (1) A search warrant may be issued to search for and seize:
1. Any property or intangible that constitutes evidence of a criminal offense.
2. Contraband, the fruits of crime, or things otherwise criminally possessed.
3. Weapons or other things by means of which a crime has been committed or reasonably appears about to be committed.
4. A person named in an arrest warrant.
History:
[(19-4402) Cr. Prac. 1864, sec. 630, p. 291; R.S., R.C., & C.L., sec. 8391; C.S., sec. 9320; I.C.A., sec. 19-4502; am. 1987, ch. 321, sec. 2, p. 676.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4403 - AFFIDAVIT OF PROBABLE CAUSE.

19-4403. AFFIDAVIT OF PROBABLE CAUSE. A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.
History:
[(19-4403) Cr. Prac. 1864, sec. 631, p. 291; R.S., R.C., & C.L., sec. 8392; C.S., sec. 9321; I.C.A., sec. 19-4503.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4404 - ORAL AFFIDAVIT — TELEPHONIC AFFIDAVIT — PROCEDURES.

19-4404. ORAL AFFIDAVIT — TELEPHONIC AFFIDAVIT — PROCEDURES. In lieu of a written affidavit, the magistrate may take an oral statement under oath which shall be recorded and transcribed. The judge is authorized to administer an oath or affirmation by telephone, and to take testimony by telephone. All testimony given over the telephone that is intended to support an application for a search warrant must be given on oath or affirmation and must identify the person testifying. The affidavit or oral testimony as recorded must be filed with the clerk of the court.
History:
[19-4404, added 1994, ch. 415, sec. 1, p. 1304.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4406 - ISSUANCE OF WARRANT.

19-4406. ISSUANCE OF WARRANT. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search warrant, signed by him with his name of office, to a peace officer in his county, commanding him forthwith to search the person or place named, for the property specified, and to bring it before the magistrate.
If the affidavit for the warrant is related to the court telephonically, the magistrate may verbally authorize a peace officer to sign the magistrate’s name on a duplicate original warrant, which verbal authorization shall be recorded and transcribed. After service of the warrant, this duplicate original warrant must be returned to the magistrate who authorized the signing of his name on it. The magistrate shall then endorse his name and enter the date on the warrant when it is returned to him. Any failure of the magistrate to make such an endorsement does not in itself invalidate the warrant.
History:
[(19-4406) Cr. Prac. 1864, sec. 634, p. 291; R.S., R.C. & C.L., sec. 8395; C.S., sec. 9324; I.C.A., sec. 19-4506; am. 1994, ch. 415, sec. 2, p. 1304.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4407 - FORM OF WARRANT.

19-4407. FORM OF WARRANT. The warrant must be in substantially the following form:
County of…..
The state of Idaho to any sheriff, constable, marshal, or policeman in the county of….: Proof, by affidavit, having been this day made before me by (naming every person whose affidavit has been taken), that (stating the grounds of the application, or, if the affidavit be not positive, that there is probable cause for believing that — stating the ground of the application in the same manner), you are therefore commanded, in the daytime (or at any time of the day or night, as the case may be) to make immediate search of the person of C.D. (or in the house situated…., describing it or any other place to be searched, with reasonable particularity, as the case may be) for the…. following property: (describing it with reasonable particularity); and if you find the same or any part thereof, to bring it forthwith before me at…. (stating the place).
Given under my hand, and dated this…. day of….,…..
History:
[(19-4407) Cr. Prac. 1864, p. 291, sec. 635; R.S., R.C., & C.L., sec. 8396; C.S., sec. 9325; I.C.A., sec. 19-4507; am. 2002, ch. 32, sec. 10, p. 50; am. 2012, ch. 20, sec. 15, p. 69.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4408 - SERVICE OF WARRANT.

19-4408. SERVICE OF WARRANT. A search warrant may in all cases be served by any of the officers mentioned in its directions, but by no other person, except in aid of the officer on his requiring it. Service of a warrant may be made by the officers mentioned in its directions in person, by mail or facsimile transmission, or by electronic mail. Unless an investigation necessitates otherwise, the officer should attempt notification on the person whom it is served prior to electronic mail service.
History:
[(19-4408) Cr. Prac. 1864, sec. 636, p. 292; R.S., R.C., & C.L., sec. 8397; C.S., sec. 9326; I.C.A., sec. 19-4508; am. 2007, ch. 105, sec. 1, p. 309.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4409 - SERVICE OF WARRANT — BREAKING OPEN DOORS.

19-4409. SERVICE OF WARRANT — BREAKING OPEN DOORS. The officer may break open any outer or inner door or window of a house, or any part of a house, or any thing therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
History:
[(19-4409) Cr. Prac. 1864, sec. 637, p. 292; R.S., R.C., & C.L., sec. 8398; C.S., sec. 9327; I.C.A., sec. 19-4509.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4410 - BREAKING DOORS TO LIBERATE OFFICER OR ASSISTANT.

19-4410. BREAKING DOORS TO LIBERATE OFFICER OR ASSISTANT. He may break open any outer or inner door or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the warrant, is detained therein, or when necessary for his own liberation.
History:
[(19-4410) Cr. Prac. 1864, sec. 638, p. 292; R.S., R.C., & C.L., sec. 8399; C.S., sec. 9328; I.C.A., sec. 19-4510.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4411 - SERVICE OF WARRANT AT NIGHT.

19-4411. SERVICE OF WARRANT AT NIGHT. The magistrate must insert a direction in the warrant that it be served in the day time unless the affidavits are positive that the property is on the person or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night.
History:
[(19-4411) Cr. Prac. 1864, sec. 639, p. 292; R.S., R.C., & C.L., sec. 8400; C.S., sec. 9329; I.C.A., sec. 19-4511.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4412 - TIME FOR EXECUTING WARRANT.

19-4412. TIME FOR EXECUTING WARRANT. A search warrant must be executed and returned to the magistrate who issued it, within fourteen (14) days after its date; after the expiration of this time the warrant, unless executed, is void.
History:
[(19-4412) Cr. Prac. 1864, sec. 640, p. 292; R.S., R.C., & C.L., sec. 8401; C.S., sec. 9330; I.C.A., sec. 19-4512; am. 2001, ch. 201, sec. 1, p. 681.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4413 - RECEIPT FOR PROPERTY TAKEN.

19-4413. RECEIPT FOR PROPERTY TAKEN. When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property.
History:
[(19-4413) Cr. Prac. 1864, sec. 641, p. 292; R.S., R.C., & C.L., sec. 8402; C.S., sec. 9331; I.C.A., sec. 19-4513.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4414 - DISPOSITION OF PROPERTY.

19-4414. DISPOSITION OF PROPERTY. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, dispose of it as provided in sections 19-3801—19-3806 inclusive. If it was taken on a warrant issued on the grounds stated in the second and third subdivisions of section 19-4402, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property taken is triable.
History:
[(19-4414) Cr. Prac. 1864, sec. 642, p. 292; R.S., R.C., & C.L., sec. 8403; C.S., sec. 9332; I.C.A., sec. 19-4514.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4415 - RETURN OF WARRANT.

19-4415. RETURN OF WARRANT. The officer must forthwith return the warrant to the magistrate, and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate at the time, to the following effect: "I, R.S., the officer by whom this warrant was executed do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant."
History:
[(19-4415) Cr. Prac. 1864, sec. 643, p. 292; R.S., R.C., & C.L., sec. 8404; C.S., sec. 9333; I.C.A., sec. 19-4515.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4416 - COPY OF INVENTORY.

19-4416. COPY OF INVENTORY. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken, and to the applicant for the warrant.
History:
[(19-4416) Cr. Prac. 1864, sec. 644, p. 293; R.S., R.C., & C.L., sec. 8405; C.S., sec. 9334; I.C.A., sec. 19-4516.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4417 - CONTEST OF WARRANT.

19-4417. CONTEST OF WARRANT. If the grounds on which the warrant was issued be controverted, he must proceed to take testimony in relation thereto, and the testimony of each witness must be reduced to writing and authenticated by the magistrate.
History:
[(19-4417) Cr. Prac. 1864, secs. 645, 646, p. 293; R.S., R.C., & C.L., sec. 8406; C.S., sec. 9335; I.C.A., sec. 19-4517.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4418 - RESTORATION OF PROPERTY.

19-4418. RESTORATION OF PROPERTY. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.
History:
[(19-4418) Cr. Prac. 1864, sec. 647, p. 293; R.S., R.C., & C.L., sec. 8407; C.S., sec. 9336; I.C.A., sec. 19-4518.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4419 - RETURN OF PAPERS TO COURT.

19-4419. RETURN OF PAPERS TO COURT. The magistrate must annex together the depositions, the search warrant and return, and the inventory, and return them to the next term of the court having power to inquire into the offenses in respect to which the search warrant was issued, at or before its opening on the first day.
History:
[(19-4419) Cr. Prac. 1864, sec. 648, p. 293; R.S., R.C., & C.L., sec. 8408; C.S., sec. 9337; I.C.A., sec. 19-4519.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 44 - SEARCH WARRANTS › Section 19-4420 - SEARCH OF ACCUSED PERSON.

19-4420. SEARCH OF ACCUSED PERSON. When a person charged with a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or any thing which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order, or to the order of the court in which the defendant may be tried.
History:
[(19-4420) Cr. Prac. 1864, sec. 651, p. 293; R.S., R.C., & C.L., sec. 8409; C.S., sec. 9338; I.C.A., sec. 19-4520.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4501 - DEFINITIONS.

19-4501. DEFINITIONS. Where appearing in this chapter:
(1) The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state;
(2) The term "governor" includes any person performing the functions of governor by authority of the law of this state; and
(3) The term "state" refers to a state other than this state, and includes any other state or territory, organized or unorganized, of the United States of America.
History:
[(19-4501) 1927, ch. 29, sec. 1, p. 31; I.C.A., sec. 19-4601; am. 2008, ch. 136, sec. 1, p. 386.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4502 - FUGITIVES FROM JUSTICE — DUTY OF GOVERNOR.

19-4502. FUGITIVES FROM JUSTICE — DUTY OF GOVERNOR. Subject to the provisions of this chapter, and the provisions of the Constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state.
History:
[(19-4502) 1927, ch. 29, sec. 2, p. 31; I.C.A., sec. 19-4602; am. 2008, ch. 136, sec. 2, p. 386.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4503 - FORM OF DEMAND.

19-4503. FORM OF DEMAND. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing, alleging, except in cases arising under section 19-4506, Idaho Code, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state. Such demand must be accompanied by a copy of an indictment or by information supported by affidavit of probable cause, judicial finding of probable cause, or plea of guilty, as reflected in any document from the court in the demanding state, or by affidavit made before a judge or magistrate, together with a copy of any warrant which was issued thereupon, or by a copy of a judgment of conviction or sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has fled the state after being charged with a crime, escaped from confinement, or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the judge or magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy of the indictment, information, affidavit, or judgment of conviction or sentence must be authenticated by the executive authority making the demand.
History:
[(19-4503) 1927, ch. 29, sec. 3, p. 31; I.C.A., sec. 19-4603; am. 2008, ch. 136, sec. 3, p. 386.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4504 - GOVERNOR MAY INVESTIGATE CASE.

19-4504. GOVERNOR MAY INVESTIGATE CASE. When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney-general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
History:
[(19-4504) 1927, ch. 29, sec. 4, p. 31; I.C.A., sec. 19-4604.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4506 - EXTRADITION OF PERSONS NOT PRESENT IN DEMANDING STATE AT TIME OF COMMISSION OF CRIME.

19-4506. EXTRADITION OF PERSONS NOT PRESENT IN DEMANDING STATE AT TIME OF COMMISSION OF CRIME. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 19-4503, Idaho Code, with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of this chapter not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
History:
[(19-4506) 1927, ch. 29, sec. 6, p. 31; I.C.A., sec. 19-4606; am. 1983, ch. 130, sec. 2, p. 326; am. 2008, ch. 136, sec. 5, p. 387.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4507 - ISSUE OF GOVERNOR’S WARRANT OF ARREST — RECITALS.

19-4507. ISSUE OF GOVERNOR’S WARRANT OF ARREST — RECITALS. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
History:
[(19-4507) S.L. 1927, ch. 29, sec. 7, p. 31; I.C.A., sec. 19-4607; am. 2008, ch. 136, sec. 6, p. 387.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4508 - MANNER AND PLACE OF EXECUTION — FACSIMILE AND ELECTRONIC SERVICE.

19-4508. MANNER AND PLACE OF EXECUTION — FACSIMILE AND ELECTRONIC SERVICE. (1) Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding state.
(2) A certified copy of the warrant, signed by the governor, may be sent via facsimile or in electronic format, to be executed pursuant to subsection (1) of this section.
History:
[(19-4508) 1927, ch. 29, sec. 8, p. 31; I.C.A., sec. 19-4608; am. 2008, ch. 136, sec. 7, p. 387.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4509 - AUTHORITY OF ARRESTING OFFICER.

19-4509. AUTHORITY OF ARRESTING OFFICER. Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
History:
[(19-4509) 1927, ch. 29, sec. 9, p. 31; I.C.A., sec. 19-4609; am. 2008, ch. 136, sec. 8, p. 388.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4510 - RIGHTS OF ACCUSED PERSON — APPLICATION FOR WRIT OF HABEAS CORPUS.

19-4510. RIGHTS OF ACCUSED PERSON — APPLICATION FOR WRIT OF HABEAS CORPUS. No person arrested upon such warrant shall be delivered over to the appointed agent for the executive authority demanding him unless he shall first be taken forthwith before a judge or magistrate of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge or magistrate of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
History:
[(19-4510) 1927, ch. 29, sec. 10, p. 31; I.C.A., sec. 19-4610; am. 2008, ch. 136, sec. 9, p. 388.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4511 - PENALTY FOR NONCOMPLIANCE WITH SECTION 19-4510, IDAHO CODE.

19-4511. PENALTY FOR NONCOMPLIANCE WITH SECTION 19-4510, IDAHO CODE. Any officer who shall deliver to the agent of the demanding state a person in his custody for extradition under the governor’s warrant, in willful disobedience to section 19-4510, Idaho Code, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000), or be imprisoned not more than six (6) months, or both.
History:
[(19-4511) 1927, ch. 29, sec. 11, p. 31; I.C.A., sec. 19-4611; am. 2008, ch. 136, sec. 10, p. 388.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4512 - CONFINEMENT IN JAIL WHEN NECESSARY.

19-4512. CONFINEMENT IN JAIL WHEN NECESSARY. The officer or person executing the governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may when necessary, confine the prisoner in the jail of any county or city through which he may pass, and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping; provided however, that such officer or agent shall produce and show to the keeper of such jail, satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
History:
[(19-4512) 1927, ch. 29, sec. 12, p. 31; I.C.A., sec. 19-4612; am. 2008, ch. 136, sec. 11, p. 388.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4513 - ARREST PRIOR TO REQUISITION.

19-4513. ARREST PRIOR TO REQUISITION. (1) Except in cases arising under section 19-4506, Idaho Code, a judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge or magistrate which may be available in or of convenient access to the place where the arrest may be made, to answer to the charge or complaint and affidavit:
(a) Whenever any person within this state is charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and has fled from justice, or has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole; or
(b) Whenever complaint is made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime and has fled from justice, or has been convicted of a crime in that state and has escaped from confinement, or has broken the terms of his bail, probation or parole and is believed to be in this state.
(2) A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
History:
[19-4513, added 2008, ch. 136, sec. 13, p. 389.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4514 - ARREST WITHOUT A WARRANT.

19-4514. ARREST WITHOUT A WARRANT. The arrest of a person may be lawfully made by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year. When so arrested the accused must be taken before a judge or magistrate with all practicable speed, and complaint must be made against him under oath setting forth the grounds for the arrest as provided in section 19-4513, Idaho Code, and thereafter his answer shall be heard as if he had been arrested on a warrant.
History:
[19-4514, added 1979, ch. 228, sec. 3, p. 627; am. 2008, ch. 136, sec. 14, p. 389.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4515 - COMMITMENT TO AWAIT REQUISITION — BAIL.

19-4515. COMMITMENT TO AWAIT REQUISITION — BAIL. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 19-4506, Idaho Code, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty (30) days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in section 19-4516, Idaho Code, or until he shall be legally discharged.
History:
[19-4515, added 2008, ch. 136, sec. 16, p. 390.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4516 - BAIL — IN WHAT CASES — CONDITIONS OF BOND.

19-4516. BAIL — IN WHAT CASES — CONDITIONS OF BOND. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
History:
[(19-4516) 1927, ch. 29, sec. 16, p. 31; I.C.A., sec. 19-4616; am. 2002, ch. 130, sec. 1, p. 360; am. 2008, ch. 136, sec. 17, p. 390.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4517 - EXTENSION OF TIME OF COMMITMENT.

19-4517. EXTENSION OF TIME OF COMMITMENT. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, as provided in section 19-4515, Idaho Code, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty (60) days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in section 19-4516, Idaho Code, but within a period not to exceed sixty (60) days after the date of such new bond.
History:
[(19-4517) 1927, ch. 29, sec. 17, p. 31; I.C.A., sec. 19-4617; am. 2008, ch. 136, sec. 18, p. 390.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4518 - FORFEITURE OF BAIL.

19-4518. FORFEITURE OF BAIL. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within the state. Recovery may be had on such bond in the name of this state, as in the case of other bonds given by the accused in criminal proceedings within this state.
History:
[(19-4518) 1927, ch. 29, sec. 18, p. 31; I.C.A., sec. 19-4618; am. 2008, ch. 136, sec. 19, p. 391.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4519 - PERSONS UNDER CRIMINAL PROSECUTION IN THIS STATE AT TIME OF REQUISITION.

19-4519. PERSONS UNDER CRIMINAL PROSECUTION IN THIS STATE AT TIME OF REQUISITION. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his discretion, either may surrender such person on demand of the executive authority of another state or hold him until he has been tried and discharged, or convicted and punished in this state.
History:
[(19-4519) 1927, ch. 29, sec. 19, p. 31; I.C.A., sec. 19-4619; am. 2008, ch. 136, sec. 20, p. 391.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4520 - GUILT OR INNOCENCE OF ACCUSED — WHEN INQUIRED INTO.

19-4520. GUILT OR INNOCENCE OF ACCUSED — WHEN INQUIRED INTO. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition is presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
History:
[(19-4520) 1927, ch. 29, sec. 20, p. 31; I.C.A., sec. 19-4620; am. 2008, ch. 136, sec. 21, p. 391.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4521 - GOVERNOR MAY RECALL WARRANT OR ISSUE ALIAS.

19-4521. GOVERNOR MAY RECALL WARRANT OR ISSUE ALIAS. The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
History:
[(19-4521) 1927, ch. 29, sec. 21, p. 31; I.C.A., sec. 19-4621; am. 2008, ch. 136, sec. 22, p. 391.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4522 - FUGITIVES FROM THIS STATE — DUTY OF GOVERNOR.

19-4522. FUGITIVES FROM THIS STATE — DUTY OF GOVERNOR. Whenever the governor of this state shall demand a person charged with crime, escaping from confinement, or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia, or other official authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged and convey him to the proper officer of the county in this state in which the offense was committed.
History:
[(19-4522) 1927, ch. 29, sec. 22, p. 31; I.C.A., sec. 19-4622; am. 1990, ch. 314, sec. 1, p. 859; am. 2008, ch. 136, sec. 23, p. 391.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4524 - IMMUNITY FROM SERVICE OF PROCESS IN CERTAIN CIVIL ACTIONS.

19-4524. IMMUNITY FROM SERVICE OF PROCESS IN CERTAIN CIVIL ACTIONS. A person brought into this state by or after waiver of extradition based on a criminal charge, shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings for which he is being or has been returned, until he has been convicted in the criminal proceeding, or if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
History:
[(19-4524) 1927, ch. 29, sec. 24, p. 31; I.C.A., sec. 19-4624; am. 2008, ch. 136, sec. 25, p. 393.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4525 - NO RIGHT OF ASYLUM — NO IMMUNITY FROM OTHER CRIMINAL PROSECUTION WHILE IN THIS STATE.

19-4525. NO RIGHT OF ASYLUM — NO IMMUNITY FROM OTHER CRIMINAL PROSECUTION WHILE IN THIS STATE. After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here, as well as that specified in the requisition for his extradition.
History:
[(19-4525) 1927, ch. 29, sec. 25, p. 31; I.C.A., sec. 19-4625; am. 2008, ch. 136, sec. 26, p. 393.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4526 - INTERPRETATION.

19-4526. INTERPRETATION. The provisions of this chapter shall be so interpreted and construed as to effectuate the general purposes to make uniform the law of those states which enact it.
History:
[(19-4526) 1927, ch. 29, sec. 26, p. 31; I.C.A., sec. 19-4626; am. 2008, ch. 136, sec. 27, p. 393.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4528 - COSTS AND EXPENSES.

19-4528. COSTS AND EXPENSES. When the governor of this state, in the exercise of the authority conferred by section 2 of article 4 of the Constitution of the United States, or by the laws of this state, demands from the executive authority of any state or territory of the United States, or of any foreign government, the surrender to the authorities of this state of a fugitive from justice, who has been found and arrested in such state, territory, or foreign government, the accounts of the person employed by him to bring back such fugitive must be audited by the board of examiners and paid out of the state treasury, provided that in any case where a person against whom criminal proceedings are pending in any court of this state is to be brought into this state for such proceedings, whether with or without any demand or proceedings by the governor of this state and there is no appropriation of state funds available for the purpose at the time, reasonable compensation for the services of any person employed to bring the defendant in such criminal proceedings to this state and his expenses and the expenses on the account of the said defendant may be allowed and paid at the discretion of the board of county commissioners of the county where such criminal proceedings are pending from the general fund of said county, but no compensation for services as distinguished from expenses other than the regular salary shall be allowed any sheriff or deputy sheriff from either state or county funds.
History:
[(19-4528) R.S., sec. 8425; am. R.C. & C.L., sec. 8425; C.S., sec. 9348; am. 1927, ch. 44, sec. 1, p. 59; I.C.A., sec. 19-4631; am. 2008, ch. 136, sec. 29, p. 393.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4529 - EXTRADITION OF PERSONS IMPRISONED OR CHARGED IN ANOTHER STATE OR WHO HAVE LEFT DEMANDING STATE INVOLUNTARILY — AUTHORIZED SIGNATURE OF GOVERNOR.

19-4529. EXTRADITION OF PERSONS IMPRISONED OR CHARGED IN ANOTHER STATE OR WHO HAVE LEFT DEMANDING STATE INVOLUNTARILY — AUTHORIZED SIGNATURE OF GOVERNOR. (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
(2) The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 19-4523, Idaho Code, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
(3) Any written, stamped, photocopied or electronic signature of the governor on documents executed pursuant to subsections (1) and (2) of this section, applied at his direction and under his supervision, is deemed to be the authorized signature of the governor.
History:
[19-4529, added 2008, ch. 136, sec. 31, p. 394.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 45 - PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE › Section 19-4530 - WRITTEN WAIVER OF EXTRADITION PROCEEDINGS.

19-4530. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS. (1) Any person who is arrested in this state and who is charged with having committed a crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 19-4507 and 19-4508, Idaho Code, and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge or magistrate of a court of record within this state a writing which states that he consents to return to the demanding state, except that before the waiver is executed or subscribed to by the person it is the duty of the judge or magistrate to inform the person of his right to the issuance or service of a warrant of extradition and the right to contest extradition by habeas corpus as provided in section 19-4510, Idaho Code.
(2) If the consent is duly executed, the judge or magistrate shall direct the officer who has custody of the person to deliver the person promptly to the accredited agent or agents of the demanding state and to deliver or cause to be delivered to the agent or agents a copy of the consent.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, a law enforcement agency holding a person who is alleged to have broken the terms of his probation, parole, bail or other release shall immediately deliver the person to the duly authorized agent of the demanding state without the requirement of a governor’s warrant if all of the following apply:
(a) The person has signed a prior waiver of extradition as a term of his current probation, parole, bail or other release in the demanding state.
(b) The law enforcement agency holding the person has received both of the following:
(i) An authenticated copy of the prior waiver of extradition signed by the person.
(ii) A photograph and fingerprints properly identifying the person as the person who signed the waiver.
(4) The delivery of a fugitive to an agent of the demanding state does not constitute a waiver by this state of its right, power or privilege to regain custody of the person by extradition, detainer proceedings or other process for the purpose of trial, sentencing or punishment for any criminal offense charged against the person in this state.
(5) In any criminal proceeding wherein a court in this state has issued a warrant for the arrest of a person and that person was arrested in any other state, territory or possession of the United States, and that person waives extradition and consents to return to this state, the sheriff of the county where the warrant was issued may contract with an agent for the return of such person to this state, or the sheriff or his deputy may return such person to this state.
History:
[19-4530, added 2008, ch. 136, sec. 32, p. 394.]