BOISE, Idaho — Effective immediately, a change in the way Idaho law enforcement officers handle misdemeanor crimes.
“This arose out of a North Idaho case where there was allegedly inappropriate contact and a battery and offensive touching of a woman on a beach by an allegedly drunken man,” former Idaho Attorney General David Leroy said.
On Wednesday, the Idaho Supreme Court unanimously ruled that someone can't be arrested for a misdemeanor unless they have a warrant or law enforcement officers witnessed the crime being committed.
The ruling raises concerns when it comes to certain types of cases, especially situations involving domestic violence.
“It means that we need to be very careful in domestic violence situations to make sure we get the facts right and that procedures are followed and it probably will mean that police will require more voluntariness to separate parties if a domestic violence issue arises in someone's home,” Leroy said.
Advocacy organizations are now scrambling because it likely means police will have to dramatically change how they respond to some domestic violence calls.
“The impact will be law enforcement will no longer be able to show up and make an arrest and we know there is a body of research that shows being able to remove a perpetrator from a household for a period of time will de-escalate a situation and reduce risk in a violent relationship,” said Annie Hightower, director of law and policy for the Idaho Coalition Against Sexual and Domestic Violence.
Right now, the that advocacy group is also assessing what should be done moving forward.
“People who are experiencing violence in the home need to know that there are also local programs available to them,” Hightower said.
Despite the ruling, law enforcement officers will still be able to take action on misdemeanors.
“It does not mean that peace officers can't become involved in crimes that are misdemeanors not in their presence, they can still issue citations, they can allow the person who has been victimized to conduct a citizen’s arrest that is in effect become their own arresting officer,” Leroy said.
KTVB reached out to multiple agencies about the Idaho Supreme Court’s ruling.
Here are their responses:
Boise Police Department:
The Boise Police Department is committed to following Wednesday’s Supreme Court ruling regarding warrantless misdemeanor arrests. We are following legal advice from our City Attorney’s office regarding the impact of this ruling on our day to day operations.
Regarding cases of domestic violence, nothing changes our commitment to helping victims and we will continue to educate them on available community resources.
If a misdemeanor crime was committed outside the presence of an officer, an officer can still make an arrest if probable cause exists and the victim is willing to pursue misdemeanor charges against the suspect and sign a complaint. This is also called a “citizen’s arrest.”
Canyon County Sheriff Kieran Donahue:
“While I do not know all the factors that brought the Idaho Supreme Court to come to their decision yesterday, I believe the ruling may cause significant risk to victims of domestic violence and will make it significantly more difficult for law enforcement and the courts to hold offenders of domestic violence accountable. Sadly, I think it will drastically reduce the progress we as a society have made in bringing an awareness to the issue of domestic violence and we will find it more difficult for victims to be protected.”
Nampa Police Department:
This is a very new judicial ruling. We are currently working with the Canyon County Prosecuting Attorney’s office to determine the best method for handling those specific cases moving forward. These are still high priority cases for our agency and we will be investigating them as quickly as judicially possible. This ruling restricts the authority of law enforcement so we want the community to understand our level of authority in these types of situations. However, our commitment to assisting victims of these crimes remains at an extremely high level. There are many resources we can offer to victims of these crimes and we encourage those who are aware of domestic violence occurring to report those incidents.
Ada County Prosecutor's Office:
The Ada County Prosecutor’s Office has been diligently working to assist Ada County’s law enforcement agencies since the Idaho Supreme Court issued its decision on Wednesday. We have also been working with stakeholders to develop a process for law enforcement to seek arrest warrants in a timely fashion. “My office is available 24/7 to assist law enforcement in obtaining arrest warrants even after hours and on weekends as we work together to protect our community, said Jan Bennetts, Ada County Prosecutor.