2005 Idaho Code - 46-1108 — ARREST

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1108.  ARREST. Arrest of members of the Idaho military not in federal
service by members of the Idaho military while acting in their military
capacity is prohibited, except in the following circumstances:
    (1)  If any member fails or refuses to report to his appointed place of
duty, his commanding officer is authorized to arrest or cause to be arrested
such member and have him brought before the commanding officer at his unit or
organization headquarters, whether such headquarters be located within or
without the borders of the state. After such an arrest, the commanding officer
is authorized to transport, or cause to be transported, such member to his
appointed place of duty, whether within or without the borders of the state.
Furthermore, if a commander finds that probable cause exists to believe that a
minor offense has been committed by a member of his command, he may cause the
member to be arrested and brought before him for the purpose of processing
nonjudicial punishment under section 46-1107, Idaho Code. If military
personnel are not available for the purpose of making the arrest or if the
officer ordering the arrest deems it advisable, he may issue a warrant to any
sheriff or peace officer authorized to serve warrants of arrest, and such
sheriff or peace officer shall serve such warrants of arrest immediately,
whenever practicable, and make return thereof to the commanding officer
issuing the warrant.
    (2)  If any member of the Idaho military has had charges preferred against
him under this chapter, and the convening authority to whom the charges have
been forwarded has found that probable cause exists that the offense was
committed by the accused and that the incarceration of the accused pending
court-martial is required because of special circumstances found to exist
which warrant such incarceration, then the convening authority is authorized
to arrest such member or cause him to be arrested and have him confined
pending trial. If military personnel are not available for the purpose of
making the arrest, or if the convening authority deems it advisable, he may
issue a warrant to any sheriff or peace officer authorized to serve such
warrant in the same manner as other warrants of arrest, and said sheriff or
peace officer shall effect the arrest and hold the accused in the county jail
of the county in which the arrest is effected. Furthermore, if a commander
finds that probable cause exists that a minor offense has been committed by a
member of his command, he may cause the member to be arrested and brought
before him for the purpose of processing nonjudicial punishment under section
46-1107, Idaho Code. If military personnel are not available for the purpose
of making the arrest, or if the convening authority deems it advisable, he may
issue a warrant to any sheriff or peace officer authorized to serve such
warrant in the same manner as other warrants of arrest, and said sheriff or
peace officer shall effect the arrest and hold the accused in the county jail
of the county in which the arrest is effected. The arresting officer shall
return said warrant to the convening authority and notify him of the arrest
and the location of the arrestee so that the convening authority may further
process the charges against the accused. Upon receipt of the notification of
arrest, the commanding officer shall direct that the arrestee be retrieved and
brought before him within twenty-four (24) hours.
    (3)  If any member of the Idaho military is accused of an offense against
a civil authority, any other member of the Idaho military  may, on request by
a civil authority, arrest such accused member, but in such case, immediate
steps must be taken to deliver such member forthwith to the appropriate civil
authorities.