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Idaho Criminal Rule 4. Arrest Warrant; Summons; Determination of Probable Cause

 

(a)  Issuance of Arrest Warrant. After a complaint is presented to a magistrate, (which may be in the form of the Idaho Uniform Citation for a misdemeanor), the 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.

 

(b)  Issuance of Summons. After a complaint is filed with a court, (which may be in the form of the Idaho Uniform Citation for a misdemeanor), the magistrate, or the clerk of the court, may issue a summons requiring the defendant to appear before the court at a time certain without first making a determination of whether there is probable cause.

 

(c)  Issuing Arrest Warrant or Summons, Preference for Summons. If the magistrate finds probable cause for a complaint, in determining whether a warrant or summons should issue, the magistrate must give preference to the issuance of a summons. In making the determination as to whether to issue a warrant or summons, the magistrate must consider the following factors:

 

(1)  the residence of the defendant,

 

(2)  the employment of the defendant,

 

(3)  the family relationships of the defendant in the community,

 

(4)  the past history of response of the defendant to legal process,

 

(5)  the past criminal record of the defendant,

 

(6)  the nature of the offense charged, and

 

(7)  whether there is reasonable cause to believe that the defendant will flee prosecution or will fail to respond to a summons.

 

(d)  Form; Transmission.

 

(1)  Arrest Warrant. The arrest warrant must be signed by the magistrate and must:

 

(A)  state the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty;

 

(B)  state the offense charged in the complaint; and

 

(C)  command that the defendant be arrested and brought before the nearest available magistrate.

 

The amount of bail may be determined by the issuing magistrate and stated on the warrant at the time of its issuance.

 

(2)  Transmission of a Warrant of Arrest. A warrant of arrest may be sent by email or by facsimile process to any peace officer or other officer serving the warrant.

 

(3)  Summons. The summons must be signed by either the magistrate or the clerk of the court and must contain the same information as the warrant. The summons must require the defendant to appear before a magistrate at a stated time and place and advise the defendant that if the defendant fails to appear at that time and place a warrant will issue for the defendant's arrest.

 

(e)  Execution or Service, and Return.

 

(1)  By Whom. The warrant must be executed by a peace officer or other officer authorized by law. The summons may be served by any person authorized to serve a summons in a civil action, or by mail.

 

(2)  Territorial Limits. The warrant may be executed or the summons may be served at any place within the state of Idaho.

 

(3)  Manner of Service of Warrant. The warrant must be executed by the arrest of the defendant. The officer need not have the warrant in possession at the time of the arrest, but the officer must show the warrant to the defendant as soon as possible. If the officer does not have the warrant in possession at the time of arrest, the officer must then inform the defendant of the offense charged and of the fact that a warrant has been issued. A copy of the warrant of arrest may be used by the officer at the time of the arrest or for the purpose of showing the warrant to the defendant after the defendant's arrest.

 

(4)  Manner of Service of Summons. The summons must be served on a defendant by delivering a copy of the summons and complaint to the defendant personally, or by leaving copies at the defendant's dwelling or usual place of abode with some person over the age of eighteen (18) years residing there, or by mailing it to the defendant's last known address. A summons to a corporation must be served in the same manner as service of a summons on a corporation in a civil action.

 

(5)  Return on Warrant. The officer executing a warrant must return it to the issuing magistrate or any other magistrate before whom the defendant is brought pursuant to Rule 5. At the request of the prosecuting attorney any unexecuted warrant must be returned to the magistrate by whom it was issued and must be canceled by the magistrate.

 

(6)  Return on Summons. On or before the return date, the person who made service of a summons must return it to the magistrate as provided in subsection (e)(5). At the request of the prosecuting attorney, made at any time while the complaint is pending, a warrant returned unexecuted and not canceled, or an unserved summons or a duplicate original, may be delivered by the magistrate to an officer or other authorized person for execution or service.

 

(Adopted February 22, 2017, effective July 1, 2017.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan



Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello

 

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