WHAT IDAHO SCHOOLS ARENT TEACHING YOU ABOUT THE LAW! 

By Travis Rice J.D. 

This is a blog post for information only and is by no means general legal advice! 

What aren't most Idahoans taught? 

Most of us got a tiny does of "civics" in our Idaho High School, but almost no one is ever taught the actual rules that end up getting people arrested, charged, or saved from a bad situation in real life. Without knowing this material up front, often times its too late to rectify the situation later. 

This post breaks down 10 street-level truths in Idaho that most schools will never teach or mention, and why they matter when you interact with the police, are accused of a crime, or just want to protect yourself in the future. 

If you want help with a specific case, you can contact an Idaho criminal defense lawyer directly at Travis Rice, Attorney at Law.

#1. YOU DONT HAVE TO TALK TO THE POLICE

    There is a constitutional right to remain silent and to not answer any questions by law enforcement. That doesn't magically appear after they read you your rights. It exists at all times. I would say about 90% of the cases I get where the client may have a good case, they opened their mouth and told law enforcement something that made it worse or impossible for them to win their court cases. Law enforcement are trained to investigate crime and to get you talking. This can be through soft tactics by pretending to be your friend. This can also be by using scare tactics like having you come to another location like a police station for an "interview" to discuss the crime. 

    On traffic stops generally the only information an officer should be asking for that you are required to give is proof of liscence, registration, and insurance. These can be kept in a nice envelope in your vehicles glovebox. The reason I say this is because police are also trained on how you look for this information. If the glove box is scattered with paper, you have a hard time finding it on your phone, or if it is not the current year, they then may suspect a possible impairment and ask you further questions while you are searching for this information. If you have it in an envelope in a glovebox then your not going to be suspected of possible impairment because you cannot find the information in a stressful situation. 

    Questions which are unrelated to the traffic stop like "Where are you coming from," "How much have you had to drink tonight" and "Do you have anything illegal in the vehicle" are all questions that you should not respond to. I would respectfully say "I gave you my information, are you going to write me a ticket?" If the officer sits on the roadside and buys extra time to get a second unit on scene or a drug dog, this could be grounds to suppress any further evidence in their investigation if the case goes to trial. Just sit tight and let them make that mistake. 

    The simple truth is that in my opinion police officers are not good investigators of crime and often rely on the defendant's own words to build their cases. When you try to "explain things" and accidentally admit an element of the offense, contradict yourself, or sound to him lest then honest even if your scared, the officer will write it up as if you were guilty for that reason. But if a person remains silent, your silence cannot legally be used against you as proof of your guilt. If you want to learn more about this contact a local criminal defense attorney about how to handle traffic stops and police questioning. 

#2. You don't always have to be read your Miranda warnings to have it be used against you

    In school they teach that you have a right to remain silent. Cop shows like LivePD have given us an inside look at body camera footage. We often seen a person being read their rights after being handcuffed and think to ourself that the officer must read you the Miranda warnings right away when they believe you committed a crime. Many people are surprised to learn that its not the case that an officer has to read you Miranda warnings in Idaho while they are investigating a crime, just merely when they are arresting you. 

    For Miranda warnings to apply you have to be (1) in custody and (2) you are being interrogated (asking questions that could illicit an incriminating response. By the time many of us are in handcuffs and "in custody" for Miranda purposes we have already given the police and prosecutor everything they want or will use against us later. If an officer is just detaining you during an investigation, at the side of the road or briefly at a scene, they often do not have to read you Miranda yet. 

    A failure to read you your Miranda rights also does not get your case dismissed entirely in most cases. Miranda would apply to exclude your in custody statements. So for instance if you are OJ Simpson and riding in the cop car after being arrested but unmirandized and say "I did it, I killed Nichole" that would be a Miranda violation and the statement is dismissed. However, if you are OJ, and they did Mirandize you, and then you made the same statement out load when no one asked you a question, then it would still be admissible (as a spontaneous statement). 

    What do I need to know? Act as if every word is being recorded (it probably is) and could be played in court against you. Use your right to remain silent early and clearly ask for an attorney. "I want my lawyer if you are going to question me." And remain silent, don't make spontaneous statements to the officers. 

#3. Withheld Judgements have some disadvantages especially for DUI's/some lower drug offenses

    In Idaho, a withheld judgment is a sentencing tool that allows the court to withhold your conviction if you are placed on probation under I.C. 19-2604. It helps with job applications, college applications, housing applications, ect. 

Sounds great right? No necessarily. 

    

    For instance, a DUI still with a withheld judgement can still show up on your record and affect your license. In Idaho since all of our convictions are online and there are no "true expungements" you can still see an adult criminal record. So your school, job prospects, college examiners, can all see this online anyway. Further, if you get the case "dismissed" after successful probation, the conviction can still be used against you to support any future convictions, and can be brought up by the prosecutor at sentencing. The withheld judgements have their place but if you get a second offense before probation ends, the judge can also bring you back and re-sentence you. Given that they are for a limited purpose, its best to hold off on them until after you have consulted with an attorney and ask if it is really necessary for your situation. 

    A person may recommend to another person to "take the withheld judgement so the case can be dismissed" but I feel this is misleading with DUI's and some lower drug offenses. It may help with some collateral consequences but its not a magic eraser and can position you worse if you get another DUI within 10 years. 

#4. Idaho's drinking limit is .08 and lower for some drivers

    In Idaho the BAC level is .08. For commercial drivers the limit is .04. And for children under the age of 21 the limit is .02. Further, Idaho doesn't need a breathalyzer if blood or urine is obtained. Also, if you are under the influence of any substance (cough syrup, sleeping pills, marijuana, ect.) the state can charge you with a DUI under what's called an "impairment theory." 

    What people frequently get wrong is that "I only had a couple" is not a valid answer. Admitting to any alcohol usually will prompt a field test by the officer no matter how much alcohol you consumed. You can literally be pulled over for just about any reason and then asked "how much have you been drinking tonight" if the officer smells it. Know that the standards for giving a DUI are rather low here in Idaho. The fact that you did well on a field test does not mean they cannot pursue a DUI against you. 

    If you want more information regarding DUI's consult a local defense attorney or read the code yourself. Click here to be taken to Idaho's laws on DUI's. 

#5. Marijuana in any form is illegal in Idaho

    Unlike most of our neighbors, Marijuana in any form, is illegal in Idaho. Even if you bought it legally in Oregon, Washington, Montana, Nevada, or Utah, its still illegal in Idaho. Idaho does not allow your medical marijuana card to be used as a defense. Idaho also criminalizes not only possession but delivery and manufacturing of marijuana. While you may see signs for dispensaries on the boarder of Idaho and Oregon or Washington, it is still illegal here. 

    While you may have bought an edible or medicinal marijuana in a neighboring state, it will be a misdemeanor or felony in Idaho which carry with it jail time. There could be other collateral consequences including immigration consequences that could effect removal or deportation. That fact that it may have been legal in the last state you were in, is not a defense to the conduct here in Idaho. For more information on Idaho Marijuana laws click here

#6. Be extremely cautious if your asked to perform a citizens arrest

    Idaho law does allow a private person to make a citizen’s arrest, but only in very narrow situations. Under Idaho Code § 19-604, a private person may arrest only when a public offense is committed or attempted in their presence. If you didn't personally see the entire offense, or are just going off from what someone else said, you risk a false imprisonment charge or being sued. 

    Law enforcement has a tendency when they cannot make an arrest themselves to ask a would-be citizen to make the arrest for them. Then they arrest the person on your behalf. However, the police have immunity that prohibits them from getting in trouble if they make a bad arrest in most circumstances...but you don't have immunity. A person can turn around and sue you for false arrest or imprisonment. This includes being liable for defamation of character, false arrest, pain and suffering, the whole 9 yards. Its a very bad idea to make an arrest for law enforcement under any circumstances. 

    If you actually see a crime happen from start to finish, you should consider being a witness instead. If you commit the arrest you could get sued, hurt, or charged yourself for making a false arrest. As a general rule you should avoid ever physically detaining a person or helping someone else (even a police officer) do so. For more information click here

#7. If You're Unlawfully Arrested, Stay Silent Even On the Jail Calls

    You don't fix an unlawful arrest by arguing with the officers on the street. The battle for unlawful arrests is won in the courtroom. That means anything you say after the arrest is used against you. Sometimes a person looses their case simply by talking on a jail phone. What you say at the scene, in the patrol car, in the holding cell, and on the jail phones is recorded! The prosecutor regularly listens to the jail calls if their case is weak or its a serious case. Apologies, excuses, "I just lost it" statements all become evidence.

    On the jail phones you should only be talking about a few things. Talk to your family about finding a lawyer to come visit you, discuss bail, talk about the pickup. Do not discuss what happened!    

#8 Prosecutors Don't Need Bruises or Marks To Charge a Domestic Battery or Assault. 

    In Idaho, domestic violence laws (I.C. 18-918) cover not just physical injury but also assaults, battery, and intention infliction of imminent harm to family members or household members. You don't have to be married to be household members. More importantly, prosecutors can move forward with charging without any visible marks. They can rely on 911 statements or statements made to doctors to prove their cases. Physical evidence about what the police see like broken items, holes in the walls, or doors with broken latches or locks can be seen as evidence that an altercation occurred. Also, the body camera statements that the victim makes is also good evidence for the prosecutor. Your belief that there needs to be marks is not a defense. 

    Allegations can lead to charging and arrests. After a domestic violence charge, you can experience a loss of gun rights, jail time/fines, a no contact order with you and other members of your family that were present, have family law or custody consequences, or have immigration consequences for you! 

#9. The State Not the Victim Decides Whether To Drop The Case

    Once a crime is reported and charges are filed, the case belongs to the State of Idaho, not to the alleged victim. So even if the victim wants to "not press" or "drop" the charges, the case will likely still go on. Even if the victim regrets calling 911, has changed their story, or writes a letter asking for dismissal, the case goes on. The prosecutor can still subpoena the victim to testify, move forward with the case, use the 911 calls, body cam videos, and jail calls against the defendant. 

#10. Your Demeanor and Communication Under Stress Matters

    The law is not just about statues; its about how you present yourself and the facts to the officers on the street, the prosecutors and judges in the courtroom, and the case to the jury. Your tone of voice, body language, ability to stay calm, the ability to calmly assert your rights, are all key ingredients to winning a case. If you are in court your dress matters! Your ability to express yourself matters! 

    If you are interacting with law enforcement on the street, if you are angry, sarcastic, patronizing, or confrontational it can go from a simple warning to an arrest quickly. In court the same is true with judges. They are human and make determinations based on how you explain yourself and what you look like. They make snap judgements about your credibility based on how you carry yourself, even under stress. 

    If you must disagree on the street, be polite but firm. Refuse consent to search by saying something like "I don't give you consent to search me right now." Don't be aggressive, just assert your rights. Handling a high stress situation on a body camera in a calm and thoughtful way gives your attorney much more to work with later. 

For personalized help with a pending charge (DUI, drug possession, domestic violence, or other criminal matters), you can reach out to an Idaho criminal defense lawyer at:

Travis Rice, Attorney at Law – Idaho Criminal Defense

Important Disclaimer

This blog post is general information, based on Idaho law as of the time of writing. It is not legal advice and does not create an attorney–client relationship. Laws change, facts matter, and your situation is unique. For legal advice about your specific case, consult directly with an attorney licensed in Idaho.