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Idaho Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Idaho on
Q: I am a convicted felon of aggravated assault in 2006 in Tennessee. Can I own a hunting bow now in Idaho where I live?

I have been archery hunting my whole life. I have not been in any trouble at all since completing my sentence and post release supervision in 2010

0 Answers | Asked in Criminal Law for Idaho on
Q: As a Commercial Truck Driver, is highway patrol allowed to search my personal bags in the sleeper berth of my truck?

Without PC or RAS? Also at port of entries in different states?

1 Answer | Asked in Federal Crimes, Civil Rights and Criminal Law for Idaho on
Q: Is there any case law or a 42USC1983 for locking up an inmate in a cell full of ants for a month or with human waste?

Was locked in the hole with ants for a month then moved to a cell with human phecies. They (IDOC Idaho) have refused to give me medical records in violation of Individuals’ Right under HIPAA to Access their Health Information 45 CFR § 164.524.

I have evidence in the form of grievances.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the details you provided, it sounds like you may have a viable case under 42 U.S.C. § 1983 for violation of your Eighth Amendment rights against cruel and unusual punishment. Being forced to live in unsanitary conditions infested with insects or human waste for extended periods could very... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Idaho on
Q: I was stopped for going 41 mph in a 35 mph zone and I got surprise K9 searched. I also never went faster than 39 mph.

The cop asked for my license and registration after telling me he stopped me for speeding and that I was driving 41 mph in a 35 mph zone. I knew he was bullshitting and never even hit me with a speed gun because I have a radar. He also asked if he could search my vehicle and asked me a million... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on your description, there are several potential issues with the traffic stop and search:

1. Pretext for the stop: If you were not actually speeding (as your radar indicated), the officer may have used the alleged speeding violation as a pretext to stop you and investigate for drugs....
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1 Answer | Asked in Civil Rights, Gov & Administrative Law, Criminal Law and Communications Law for Idaho on
Q: If my ex boyfriend is in prison for aggravated assault and aggravated battery and while in prison he calls me

We have a no contact order so he in violation he gets parole and tries to call me again can I do anything for the prison letting him out with pending violation charges

James L. Arrasmith
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answered on Feb 28, 2024

If your ex-boyfriend violates the no contact order by attempting to contact you while in prison, you can report the violation to the appropriate authorities. Provide any evidence or documentation you have of the attempted contact to support your report. It's important to take these violations... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Idaho on
Q: When a policeman don't have permission or a warrant, they're not to just walk up on private land (Which the person has

total permission to be there napping in their car to seeing a vape pen for TCB (thc and tcb look the same exact) claiming the name inscribed on the battery portion, was way good enough for allegedly claiming there is now enough for probable cause, asks you to step outta the vehicle pulling you out... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under the Fourth Amendment, individuals are protected from unreasonable searches and seizures. This means that a police officer generally needs a warrant to search private property, including a vehicle, unless certain exceptions apply. These exceptions might include situations where there is... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: How can I protect myself against a bias judge who lied about my being in court put a fake warrant out for my arrest.

I have since sanctioned him and the magistrate in that county and am to appear again soon. How can I expect that to go well and I am representing myself making it more difficult to navigate. The debt has been paid as well which I have proof of. It’s all been paid. The bonds were taken out a... View More

James L. Arrasmith
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answered on Jan 18, 2024

I would suggest a few things in this situation:

1. Gather all documentation you have showing the debt has been paid and any other evidence that supports your case. Having solid documentation will be key.

2. Consider requesting a different judge for the next hearing, since you feel...
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1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: I was sitting outside a gas station that is open 24 hrs and cop states he ran my license and saw that I had a warrant

Is this legal or is it profiling/targeting?? No female present to search prior to arresting, isnt that a violation of my rights?

James L. Arrasmith
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answered on Dec 5, 2023

In Idaho, a police officer running your license plate while you're sitting at a gas station is generally legal, as long as they have a legitimate reason to do so. The presence of a warrant found as a result of this check can be a lawful basis for an arrest.

However, the issue of...
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1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Who is the attorney for the plaintiff in case number 1:2021cv00409

My husband xxx 0089632 inmate at imsi odoc would like to talk with someone regarding this case and would like to be added to this lawsuit.

James L. Arrasmith
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answered on Nov 18, 2023

I understand your husband's interest in case number 1:2021cv00409 and his desire to be added to the lawsuit. To find out who the attorney for the plaintiff is in this case, you can typically access this information through the court's official records. You can contact the clerk of the... View More

2 Answers | Asked in Bankruptcy and Criminal Law for Idaho on
Q: Can I file bankruptcy even when my debt became unpaid partly because I was buying illegal drugs for my addiction?

I'm worried my past transaction on cash app will show I sent money to my drug dealer when I was going through my addiction. If so will I get in legal trouble trying to file bankruptcy. I really need debt relief now that I. Sober supporting my family, I'll lose my house if my wages get garnished.

James L. Arrasmith
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answered on Nov 5, 2023

Filing for bankruptcy is about addressing your debts and getting a fresh start, and you can file even if past spending contributed to your debt, including spending on illegal substances.

However, be aware that bankruptcy proceedings require full disclosure of your financial transactions,...
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2 Answers | Asked in Criminal Law, Personal Injury, Identity Theft and Internet Law for Idaho on
Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun

I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything... View More

James L. Arrasmith
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answered on Oct 18, 2023

If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized... View More

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1 Answer | Asked in Criminal Law, Workers' Compensation and Civil Rights for Idaho on
Q: Service dog access denied! I was kicked out with my service dog, they didnt want to check my docs, can I file charges?

Im an employee of the Sun Valley Resort, I went to hang out with my friends at common area of the employee dorms with my service dog, when, after sitting inside for a while, the security person came and told me that the dog cannot be inside, I told him that it's a service animal and that I can... View More

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

An Idaho attorney could advise best, but your question remains open for three weeks. This doesn't look like a workers' comp or criminal law matter, and there wasn't a response from the Civil Rights practitioners. Questions sometimes remain unanswered, but at this point, you could try... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: If being released on parole are you required to maintain a full-time job if you are eligible for retirement?

My father is being released on parole and is at the age of 67. I would like him to retire and not be forced to work the remainder of his parole.

Kevin M Rogers
Kevin M Rogers
answered on May 25, 2023

You should contact your father's probation officer and ask about that. Your father can also talk to his probation officer. If you can't get anywhere with the Probation Officer, then you can file a Motion in the District Cout and bring this to the attention of the Judge.

1 Answer | Asked in Health Care Law and Criminal Law for Idaho on
Q: Idaho health and welfare declared my bf incompetent and ordered a 90 day commitment, is there a time limit on when they

Transfer him to a hospital for further evaluation?

Kevin M Rogers
Kevin M Rogers
answered on Mar 30, 2023

You can look up the regulation(s) that have to do with how long they can hold your bf, before they will be required to release him. These can be found here: https://adminrules.idaho.gov/rules/current/16/index.html

Every law that the Legislature passes, has to have a "regulation"...
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1 Answer | Asked in Criminal Law for Idaho on
Q: Is it legal to have drug dogs for a simple traffic stop
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

Yes, cops call it an "outside sniff," or words to that effect. The bummer about dogs, is that a LOT of the time now, routine traffic stops are done with a K-9 officer. If you happened to have been stopped within 3-5 minutes prior to a drug dog getting there, probably no Judge would say... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Idaho on
Q: How could i go about finding out if my 2nd amendment rights have been restored or not? I completed my probation 4/02/21

My question is in regards to idaho legislative statute 18-310 (2). My felony is not listed under the list of charges that disqualify you from immediate restoration of 2a rights

James L. Arrasmith
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answered on Mar 2, 2023

If you have completed your probation, you may be eligible to have your firearm rights restored. However, the process and requirements for restoration of firearm rights vary by state. You should check the laws of your specific state to determine the process and requirements for restoring your... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: I got a possession of paraphernalia with intent to use charge in kootenai county

If I plead guilty what is the chance that I will only get a fine or fine and unsupervised probation

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Possession with Intent (to sell, distribute) is a felony in Idaho. It carries a maximun sentence of 7 years of prison. If you have NO other crimes in your jacket, then you MIGHT be able to get a probation offer. That also might be contingent on you completing 60-90 days in custody going through... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Idaho on
Q: If I got pulled over in idaho for speeding but never got ticket for speeding but got poss of paraphernalia is that legal
Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

This is a good time to learn about Idaho and the 4th Amendment to the US Constitution. A police officer has been endowed with a limited amount of discretion. He is not required to ticket someone for the "reasonable suspicion" reason that he pulled him over for, but he should if he wants... View More

1 Answer | Asked in Criminal Law for Idaho on
Q: What does it mean if someone public online record shows “warrant returned-no service”do they still have a active one?
Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes it means that they couldn't find the individual, but nothing but a line that says, "warrant recalled" will mean that there is no longer a warrant. Good luck to you!

1 Answer | Asked in Criminal Law for Idaho on
Q: Is evideñce collected by an out of jurisdiction officer admissable in an Idaho court

An out of jurisdiction officer while in another county without authorization collected evidence in an unrelated case from which he was initially investigating

Kevin M Rogers
Kevin M Rogers
answered on Jan 26, 2023

Yes, it will be admissible in court, if the information is not "hearsay," and the prosecutor can lay the proper evidentiary foundation to introduce it. Most cities and surrounding cities, have "compacts" or "agreements" that each can work "temporarily" in... View More

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