Officer was not booked into jail

BOISE - A Boise Police officer was cited for driving under the influence Saturday morning – but didn’t show up on the arrest list on the Ada County Sheriff’s Office website.  The omission is leading some to ask if an officer is treated differently than the general public.

Gary Miller, 37, is a 10-year veteran of the Boise Police Department.  An Idaho State Police trooper stopped him in his private vehicle just after midnight near Saint Alphonsus Regional Medical Center at Curtis Road and Irving Street.

Miller was taken to the Vernon L. Bisterfeldt Public Safety Building on Barrister Street in Boise – but was not booked into the Ada County Jail.

Sheriff’s Office spokesperson Andrea Dearden said the decision not to book Miller was made by the arresting Idaho State Police officer.

Idaho State Police spokesperson Rick Ohnsman would not talk specifically about this case – saying that his supervisors have instructed him to refer questions to the Boise Police Department.

Ohnsman said in general police officers in this situation would not be booked into the jail.

"Rather than take the guy to jail with other prisoners, what they will very often do is they will run him through the process, take his information - then release him,” he said. “His arrest is still valid and he will face the charge."

Dearden notes officials could potentially create a situation where an officer was in proximity to people he had arrested.

"You can't put a law enforcement officer in with potentially dangerous people,” she said – but also noted “If someone comes to our jail, we'll keep them safe.”

Miller’s name, mug shot and charges did not show up on the “arrests” list on www.adasheriff.org because he was not booked into the jail. 

The media was notified of the incident by a news release from the Boise Police Department - not Idaho State Police - Saturday afternoon.

In addition to criminal proceedings, Boise Police spokesperson Lynn Hightower says Miller will be subject to an internal investigation.

  Should law enforcement officers charged with DUI be booked into the jail?