Idaho Statutes

§ 19-610 — WHAT FORCE MAY BE USED

Idaho·Title 19 CRIMINAL PROCEDURE·Ch. 6 ARREST, BY WHOM AND HOW MADE
When the arrest is being made by an officer under the authority of a warrant or when the arrest is being made without a warrant but is supported by probable cause to believe that the person has committed an offense, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all reasonable and necessary means to effect the arrest and will be justified in using deadly force under conditions set out in section 18-4011, Idaho Code.

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Related

Sprague v. City of Burley
710 P.2d 566 (Idaho Supreme Court, 1985)
22 case citations
Kessler v. Barowsky
931 P.2d 634 (Idaho Court of Appeals, 1996)

Legislative History

[(19-610) Cr. Prac. 1864, sec. 128, p. 229; R.S., R.C., & C.L., sec. 7547; C.S., sec. 8733; I.C.A., sec. 19-610; am. 1986, ch. 303, sec. 1, p. 754; am. 1987, ch. 117, sec. 1, p. 231.]

Nearby Sections

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