STATEMENT OF PURPOSE
RS27355 / SJR103
This Joint Resolution proposes an amendment to Section 17, Article I of the Idaho Constitution. The
amendment would expressly authorize law enforcement officers to make warrantless misdemeanor arrests
based upon probable cause when the offense in question is not committed in the officer's presence.
Last June, in the case of State v. Clarke, 135 Idaho 255, 16 P.3d 931 (2019), the Idaho Supreme Court ruled that
warrantless misdemeanor arrests are unconstitutional unless the alleged crime is witnessed by a law enforcement
officer. The amendment will restore long-standing practice by allowing warrantless misdemeanor arrests based
upon probable cause when an alleged offense is committed outside the presence of a law enforcement officer.
FISCAL NOTE
As the proposed amendment is consistent with long standing practice, it should have no fiscal impact on state
or local budgets. There is an estimated $250,000 cost for the Idaho Secretary of State to publish the proposed
amendment and arguments to the voters as required by law. There should be no fiscal impact to the counties
because the amendment will be considered by the voters at a regularly scheduled General Election.
Contact:
Senator Grant Burgoyne
(208) 332-1000
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 01/22/2020, 9:38 AM