In June 2019, the Idaho Supreme Court held in State v. Clarke that law enforcement could not make warrantless arrests for misdemeanors if the alleged crimes did not occur in their presence. This ruling left many on the front lines scrambling to ensure victims of misdemeanor crimes were kept safe.
For years though, the Ada County Prosecutor’s Office has had a team on-call during the nights and weekends, working with law enforcement, to make sure the community remains safe. It was that system which was already in place that allowed for a smooth transition for the prosecutor’s office after last year’s ruling.
The on-call team is made up of a small group of experienced prosecutors who work around the clock answering law enforcement’s questions and helping with warrants that are then presented to and approved by a judge. The attorneys switch off working one designated week 24 hours a day on items such as giving legal advice to law enforcement, helping with warrants for blood draws or misdemeanor domestic batteries, and responding to major felonies that occur at night, such as homicides, kidnappings, or sexual assaults. They do this work in addition to their normal duties regarding case work and court appearances.
Since January of this year, on-call attorneys have facilitated 26 Clarke warrants, 28 DUI blood draw warrants, and 14 search warrants. They have over 100 weekend hours on probable cause hearings and mental health holds.
Prior to the Clarke ruling, officers could make warrantless arrests for some misdemeanor crimes, like domestic violence cases, if officers could find enough probable cause based on evidence at the scene. Now, law enforcement cannot arrest on a misdemeanor committed outside their presence without a warrant first. Law enforcement relies on the prosecutor’s office to create a criminal complaint and warrant, and to get these documents before a judge to approve the arrest of a defendant. Having this on-call system in place makes it so victims of domestic violence do not have to worry about their abuser remaining out of custody.
The on-call team has been a part of the office for well over two decades. During that time, court rulings have changed how law enforcement operates, like when warrants became required for blood draws. Our office adapted to those changes and will continue to do so, so that law enforcement can continue to successfully do their job and together we keep the community of Ada County safe.