What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Idaho?
Arrests are defined under Idaho law as "taking a person into custody in a case and in the manner authorized by law". The legal framework governing arrests in Idaho (including the state's definition of these actions) is primarily outlined in Title 19, Chapter 6 of the Idaho Statutes. These statutes generally detail the individuals authorized to make arrests, when and how arrests can be made, the procedures to follow, the rights of the arrestee, and the responsibilities of the persons carrying out the arrest. In addition to Idaho's statutes, constitutional protections typically such as the Fourth Amendment (which guards against unreasonable searches and seizures) also play a prominent role in shaping arrest procedures in the state. Key aspects of Idaho's arrest laws and procedures generally include:
- Custody and Control: custody is a key part of arrests in Idaho; once a person is arrested, they are taken into custody, which involves being placed under the control of the arresting officer and having their freedom of movement restricted.
- Legal Authority: law enforcement officers in Idaho are legally authorized to carry out arrests under Idaho Statutes Section 19-603. Per this law, arrests typically have to be carried out with a valid warrant based on probable cause. Warrantless arrests are also permitted in specific circumstances, typically such as when an officer witnesses a crime, has probable cause to believe that a felony has been committed, and in certain situations involving domestic violence and violation of protection orders. Idaho Statutes Section 19-604 also gives private persons the authority to carry out an arrest under limited circumstances, namely when a public offense is committed or attempted in their presence and when there is reasonable cause to believe that the person being arrested has committed a felony.
- Miranda Rights: once a person is arrested in Idaho, the arresting officers must inform them of their Miranda rights before interrogating or taking any statements from them. These rights are a set of warnings established by the 1966 U.S. Supreme Court Miranda v. Arizona case that are designed to protect the arrestee from self-incrimination and ensure they have proper legal representation by informing them that:
- They have the right to remain silent
- Anything they say can be used against them
- They have the right to an attorney of their choice
- An attorney will be appointed for them if they cannot afford one.
- Restraint and Transport: per Idaho Statutes Section 19-602, an arrest is made when an individual is physically restrained or voluntarily submits to the custody of an officer. This restraint typically involves handcuffs (they are also used in situations involving voluntary submission) to prevent escape and ensure the safety of all parties involved. Officers are also permitted to use reasonable and necessary force when making arrests (Idaho Statutes Section 19-610). Once restrained, the arrestee is transported to a police station for processing.
- Booking Process: once the arrestee is transported to the police station (or other authorized detention facility), they are "booked" – this generally involves documenting details like their name, age, the offenses for which they were arrested, and events surrounding the arrest, fingerprinting them, and taking their mugshots. Once this is done, the arrestee is placed in a holding cell pending an initial court appearance or arraignment.
Several actions may lead to an arrest in Idaho, including but not limited to:
- Engaging in violent behavior, such as assault or battery
- Driving under the influence of drugs and/or alcohol
- Trespassing on private property without permission
- Breaking and entering
- Shoplifting, theft, and other similar crimes
- Drug dealing
- Violating court-issued protective orders
It should be noted that an arrest and detention/detainment are similar but distinct actions. Detention generally occurs when law enforcement stops an individual for investigative purposes based on reasonable suspicion that the person may be involved in criminal activity; when a person is detained, they are usually questioned and may even be frisked for weapons. However, detentions are generally temporary, and the person is typically free to leave once the investigation is complete. On the other hand, an arrest typically signifies a formal accusation of a crime and involves taking the person into custody. There must be probable cause (a higher legal standard than reasonable suspicion) for an arrest, and arrests typically lead to criminal charges being filed against the person. Nonetheless, in some cases, a detention may lead to an arrest.
What is Unlawful Arrest in Idaho?
Unlawful arrests (sometimes called wrongful or false arrests) in Idaho occur when law enforcement officers make arrests without legal justification or fail to adhere to the proper arrest procedures, violating the individual's rights under both state and federal law. In Idaho, the standards for lawful arrests are outlined in Title 19, Chapter 6 of the Idaho Statutes, and non-compliance with these rules may render an arrest unlawful. These unlawful arrests are typically characterized by certain factors, including:
- Lack of Probable Cause: arresting officers must have reasonable belief, based on evidence or information, that a person has committed or is about to commit a crime before they may be arrested. This standard, known as "probable cause," is a fundamental requirement for arrests in Idaho; any arrest made without probable cause is considered unlawful.
- Violation of Constitutional Rights: a wrongful arrest may occur when a person's constitutional rights are violated. Common examples are arrests that violate the person's Fourth Amendment rights against unreasonable searches and seizures and arrests based on racial profiling or other forms of discrimination, which violate their Fourteenth Amendment right to equal protection under the law.
- Arrest Without a Valid Warrant: while arrests typically have to be made with a warrant, Idaho law also permits warrantless arrests under certain conditions (outlined in Idaho Statues Section 19-603). These include when a crime is committed in a law enforcement officer's presence and for specific crimes, typically like felonies and domestic violence-related offenses, that may not have been committed in their presence. An arrest made without a valid warrant outside of these statutorily permitted exemptions is generally considered unlawful.
- Procedural Violations: officers in Idaho must follow specific procedures during an arrest, like informing the person to be arrested of the cause of the arrest, their (the officer's) authority to make the arrest, and reading the person their Miranda rights before any interrogation. Failure to do these, or other procedural missteps such as detaining an individual for an excessive period without charge or failing to bring them before a judge without unnecessary delay, may lead to a claim of unlawful arrest.
- Mistaken Identity: law enforcement officers are expected to verify the accuracy of their information before making an arrest. As such, if a person is arrested due to mistaken identity or based on inaccurate information, the arrest is considered unlawful, even if the officer acted in good faith.
- Arrest Outside Jurisdiction: Idaho law enforcement officers generally have arrest authority within the boundaries of their jurisdiction, and arrests made outside these areas may be deemed unlawful, except when the officer is in "fresh pursuit" of the individual arrested. Per Idaho Statutes Section 19-701A, law enforcement officers may cross jurisdictional boundaries to arrest suspected felons or individuals who have committed or attempted to commit any other type of criminal offense.
Unlawful arrests in Idaho may have serious outcomes, including emotional distress and reputational harm to the person wrongfully arrested. To this end, victims of these actions may file a civil lawsuit under 42 U.S. Code Section 1983, which allows individuals to sue state or local government officials who have violated their constitutional rights.
Unlawful arrests also adversely affect the criminal justice system. For instance, evidence obtained during an unlawful arrest is often deemed inadmissible in court; in some cases, the charges against the arrestee may be dismissed. Law enforcement officers involved in the unlawful arrest may also face both civil and criminal penalties, including false imprisonment charges under Idaho Statues Title 18, Chapter 29 (punishable by fines of up to $5,000, jail time of up to one year, or a combination of both).
Are Arrest Records Public in Idaho?
The Idaho Public Records Act defines public records as documents, regardless of their physical form, created, owned, or used by a government agency concerning its lawful functions. Per this act, interested members of the public generally have the right to view and obtain copies of these public records, which typically include arrest records, police reports, and other documents held by law enforcement agencies throughout the state. However, certain information is restricted or redacted to protect privacy and security, and access to this information is usually limited to specific authorized parties.
Information in Idaho arrest records that are typically accessible to the public includes the name, age, gender, and race of the person arrested, the date, time, and location of the arrest, and a list of the offenses leading to the arrest. Other public information includes the arresting officer's name, the law enforcement agency that handled the arrest, and a brief description of the arrest itself. Mugshots are also deemed public information in Idaho and are generally accessible to interested members of the public.
On the other hand, juvenile arrest records and shielded (sealed) records are restricted and cannot be accessed by the general public. Similarly, records that could compromise an active investigation, reveal the identity of confidential informants and individuals who report crimes involving child abuse, or whose disclosure would constitute an unwarranted invasion of personal privacy are also restricted.
What are the Types of Arrest Records in Idaho?
There are two main types of arrest records in Idaho:
- Local arrest records/police reports are maintained by the specific law enforcement agency responsible for the arrest. These records typically include details about a particular arrest, such as the name of the arrestee, the offense(s) for which they were arrested, the date and time of the arrest, and the arresting officers involved.
- Criminal history information records are maintained by the Idaho State Police (ISP). These records generally provide a more comprehensive overview of an individual's interactions with the criminal justice system and typically include details on all their recorded arrests and the legal outcomes of these arrests.
Where are Arrest Records Kept in Idaho?
Several agencies involved in Idaho's criminal justice system keep records of arrests made in the state. These agencies typically include:
- Local Law Enforcement Agencies: police departments, sheriff's offices, and other local law enforcement agencies in Idaho maintain arrest records for incidents occurring within their various jurisdictions. Interested parties seeking to obtain copies of these local arrest records typically need to contact the relevant agency to do so.
- Idaho State Police: the Idaho State Police, through its Bureau of Criminal Identification (BCI), maintains a central repository of statewide criminal history information and allows interested parties to request access to these records, which include arrest information. Note that certain restrictions may apply depending on the nature of the records and the party requesting access to them.
- Idaho Courts: the Idaho court system maintains records of criminal court cases, which are typically generated after an arrestee is charged to court (and, therefore, contain details of the arrest, including the offense leading to it). These records are publicly accessible and may be accessed by contacting the court that handled the case.
- Idaho Department of Correction: the Idaho Department of Correction (IDOC) keeps records of individuals whose arrests led to convictions and imprisonment. These records typically include the inmate's name, age, custody status, the offense they were arrested and convicted for, and their projected parole or release date.
- Federal Criminal Justice Agencies: the FBI and other similar federal criminal justice agencies keep records of investigations and arrests related to federal crimes committed in or involving Idaho and typically also have access to state-level criminal history information.
How To Find Public Arrest Records in Idaho?
Interested members of the public looking to obtain copies of Idaho arrest records may do so through several methods, typically including:
- Contacting the Agency That Handled the Arrest: this is the most direct method for accessing copies of arrest records. Interested parties may contact local and state law enforcement agencies to obtain records of arrests they handled; the procedures for doing this may vary by agency but typically involve submitting a written request and paying a fee. It is important to contact the specific agency involved in the arrest, as local law enforcement typically only maintains records for their jurisdictions. However, many of these agencies also post details of recent arrests on their respective websites that may be viewed at no cost.
- Requesting a BCI Criminal Background Check: interested parties may access Idaho arrest records by requesting a background check through the Idaho State Police's Bureau of Criminal Identification (BCI). The BCI generally offers fingerprint-based and name-based checks that provide detailed information about arrests, convictions, and other criminal history data from across Idaho (unlike local records that are limited to arrests in a specific jurisdiction). This service has a $20 fee - note that additional fees may apply depending on the type of search requested and payment method. Also, while it is not required, name-based search requests without the consent of the person named on the record will not include information on any arrest older than 12 months with no disposition.
- Accessing Court Records: the Idaho court system generally maintains criminal court records, many of which are related to arrests, and provides interested parties with access to these records online through its iCourt Portal. Records not available online may also be accessed in person through the clerk of the court's office in the jurisdiction where the case was handled. Note that fees may apply.
- Using a Third-Party Website: platforms like RecordsFinder generally offer access to Idaho's available arrest records. These websites typically aggregate data from multiple sources, including public databases, and allow users to search for required records by name and location; they may also facilitate record requests on behalf of these users. Note that most third-party websites offering these services are not government-affiliated; as such, they may not always provide the most up-to-date or accurate information.
How Long Do Arrests Stay on the Record in Idaho?
Arrests typically remain on a person's criminal record in Idaho unless legal action is taken to delete or seal the record through the court-approved processes known as expungement or shielding. Note that these processes are not automatically done and must be initiated by the party named on the record. Expungement and shielding are only available for certain types of arrests/criminal records (usually determined by factors such as the type of offense, the outcome of the case, and the individual's criminal history). There is no guarantee filing a petition to have a record expunged or shielded will be approved.
How To Seal or Expunge an Arrest Record in Idaho?
In Idaho, the terms expungement and sealing (also called shielding) describe legal processes restricting public access to certain criminal records. Sealing an arrest record "shields" it from disclosure, meaning that it may only be accessed by authorized parties while expunging the record erases it, making it as if the arrest never occurred. Idaho law provides for the shielding or expungement of certain records under specific conditions:
- Expungement of Non-Conviction Records: according to Idaho Statutes Section 67-3004(10), individuals may apply to have their records expunged if they meet any of the following criteria:
- They were arrested or given a court summons but were not charged within one year (of the arrest or summons)
- They were acquitted
- Their charges were dismissed (this does not include any dismissals that were granted after the person pled or was found guilty)
These individuals may apply to the Idaho State Police to have their fingerprints and criminal history records taken with respect to the arrest expunged. They may also apply to the court (where applicable) to have the court records sealed.
- Shielding of Non-violent Misdemeanors and Felony Drug Possession Convictions: individuals convicted of a non-violent or assaultive misdemeanor and certain felony drug possession offenses may apply to the court that handled the case to have their records shielded from disclosure under Idaho Statutes Section 67-3004(11). However, these individuals must meet the following eligibility criteria:
- At least five years have passed since they completed the sentence
- They must not have any subsequent felony or misdemeanor convictions during the five-year waiting period
- They must not have any pending misdemeanor or felony cases or restraining orders against them as of the time of the application
Note that a person may only shield their criminal record from disclosure once in their lifetime and only for crimes related to a single incident. Also, this shielding is automatically revoked if they are subsequently convicted of a felony; it may also be withdrawn (at the court's discretion) if they are convicted of a misdemeanor.
- Expungement of Juvenile Adjudication Records: per Idaho Statutes 20-525A, minors who were convicted of a felony may apply to expunge their records after they turn 18, three years after being released from a juvenile detention center, or three years after the end of the juvenile court's jurisdiction, whichever date comes latest. For minors convicted of a misdemeanor, the waiting period is reduced to one year after the end of the juvenile court's jurisdiction or after they turn 18. The court will typically hold a hearing to determine whether the records should be expunged. Note that violent or assaultive crimes typically assault, arson, kidnapping, murder, sexual assault, and child abuse are not eligible for expungement under this law.
- Removal from Sex Offender Registry: under Idaho Statutes Section 18-8310, individuals convicted of certain offenses requiring registration as a sex offender may apply to the court to exempt themselves from this registration if:
- They have not been classified as recidivists, violent sexual predators, or convicted for an aggravated offense
- At least 10 years have passed since they were released from prison or placed on parole
- They may prove that they do not have any pending criminal charges or investigations for violent crimes and have completed their parole or probation without any problems, where applicable.
- They may prove that they haven't committed any felonies or sex offenses since being required to register and that they have completed a sex offender treatment program.
- Expungement for Victims of Human Trafficking: Idaho Statutes Section 67-3014 generally allows for victims of human trafficking to petition the court to expunge records of arrests or convictions arising from crimes they were forced to commit by the human traffickers.
Expunged records in Idaho are typically destroyed and may no longer be accessed by anyone. On the other hand, records shielded from disclosure are generally restricted from public view but may still be accessed by law enforcement and court officers.
