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evading arrest or detention

A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In Idaho, fleeing and eluding a peace officer is considered a criminal offense. Under Idaho Code § 49-1404, it is illegal for a person to willfully flee or attempt to elude a police officer when given a visual or audible signal to stop. The signal can be by hand, voice, emergency light, or siren. The law applies when the person knows or should reasonably know that they are being pursued by a peace officer. If the individual uses a motor vehicle or watercraft to flee or elude the officer, the penalties can be more severe. Additionally, if the act of fleeing and eluding results in injury to any person, the offender may face even higher penalties. The offense can range from a misdemeanor to a felony depending on the circumstances, such as the presence of aggravating factors like high speeds or reckless driving.

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Police

evading arrest or detention

Individual & Family Legal Plan

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Idaho State Code

Idaho State Code

Police

evading arrest or detention

Articles