Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, vehicle, trailer, airplane or railroad car, with intent to commit any theft or any felony, is guilty of burglary.
Possession of burglarious instruments
Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair, any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor.
Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Handicapped Parking Violation
(2) Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp.
Failure to Purchase Licenses for Drivers
(1) No person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a current and valid Idaho driver's license.
(1) Upon passage of the required knowledge tests appropriate for the vehicle being operated, the department may issue a class A, B or C instruction permit for the type of vehicle(s) the person will be operating, or a class D instruction permit for a class D motor vehicle, entitling the applicant, while having the permit in his immediate possession, to drive a motor vehicle upon the highways for a period of up to one hundred eighty (180) days.
(a) Any person under the age of seventeen (17) years who has successfully completed an approved driver's training course and has satisfied the requirements of a class D supervised instruction permit, or any person who has reached the age of seventeen (17) years may apply for a class D instruction permit.
(2) The department may, at its discretion, issue a temporary class D driver's license to an applicant for a class D driver's license permitting him to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver's license. The temporary license may be canceled at the department's discretion at any time after issuance. The temporary license must be in the applicant's immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's driver's license has been issued or for good cause has been refused.
Driver's license to be carried and exhibited on demand
Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle and shall, upon demand, surrender the driver's license into the hands of a peace officer for his inspection. However, no person charged with a violation of the provisions of this section shall be convicted if a driver's license issued to the person and valid at the time of his arrest is produced in court.
VIolation of Restricted Driver's Licenses
(1) The department, upon issuing a driver's license, shall have authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to:
(a) The type of or special mechanical control devices required or not permitted on a motor vehicle which the licensee may operate;
(b) Medical variances as determined by the federal motor carrier safety administration; or
(c) Other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(2) The department may either issue a special restricted driver's license or may set forth restrictions upon the usual driver's license form.
(3) The department shall, upon receiving satisfactory evidence of any violation of the restrictions of a driver's license, suspend the driver's license or privileges for a period of thirty (30) days but the licensee shall be entitled to a hearing as provided in section 49-326, Idaho Code.
Notice of change of address
It is the responsibility of every licensed driver and every person applying for a driver's license to keep a current address on file with the department.
(1) Whenever any person after applying for or receiving a driver's license shall move from the address shown in the application or in the driver's license issued, that person shall, within thirty (30) days, notify the department in writing of the old and new addresses.
(2) Whenever any statute or rule requires a driver to receive notice of any official action with regard to the person's driver's license or driving privileges taken or proposed by a court or the department, notification by first class mail at the address shown on the application for a driver's license or at the address shown on the driver's license or at the address given by the driver, shall constitute all the legal notice that is required.
(3) It is an infraction for any person to fail to notify the department of a change of address as required by the provisions of subsection (1) of this section.
Failure to Renew
(1) Every noncommercial Idaho driver's license issued to a driver shall expire and be renewable as follows:
(a) Twenty-one (21) years of age or older shall expire on the licensee's birthday in the fourth year following the issuance of the driver's license.
(b) At the option of the applicant, for drivers twenty-one (21) years of age through sixty-two (62) years of age, the driver's license shall expire either on the licensee's birthday in the fourth year or the eighth year following the issuance of the driver's license.
(c) Except for the provisions found in subsections (1)(e) and (3) of this section, every driver's license issued to a driver under eighteen (18) years of age shall expire five (5) days after the licensee's eighteenth birthday.
(d) Except for the provisions found in subsections (1)(e) and (3) of this section, every driver's license issued to a driver eighteen (18) years of age but under twenty-one (21) years of age shall expire five (5) days after the licensee's twenty-first birthday.
(e) Every driver's license that is not, as provided by law, suspended, revoked or disqualified in this state or any other jurisdiction shall be renewable on or before its expiration, but not more than twenty-five (25) months before, upon application, payment of the required fee, and satisfactory completion of the required vision screening.
Surrender of driver's license
(1) Upon suspending, canceling or revoking a driver's license, the department shall require that the driver's license be surrendered to the department. At the end of the period of suspension, revocation or cancellation the driver may apply for a duplicate driver's license, provided that the driver is eligible and has fulfilled all reinstatement requirements.
(2) If any person shall fail to return to the department the Idaho driver's license as required, the department may direct any peace officer to secure its possession and return the driver's license to the department.
No operation under foreign license during suspension or revocation in Idaho
No resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in Idaho has been suspended or revoked shall operate a motor vehicle in this state under a driver's license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after revocation until a new driver's license is obtained when and as permitted under this chapter.
Unlawful use of driver's license
It is a misdemeanor for any person:
(1) To display or cause or permit to be displayed or have in his possession any mutilated or illegible, cancelled, revoked, suspended, disqualified, fictitious or fraudulently altered driver's license;
(2) To lend his driver's license to any other person or knowingly permit the use of his driver's license by another;
(3) To display or represent as one's own a driver's license not issued to him;
(4) To fail or refuse to surrender to the department, upon its lawful demand, any driver's license which has been suspended, revoked, disqualified or cancelled;
(5) To use a false or fictitious name in any application for a driver's license, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in any application;
(6) To permit any unlawful use of a driver's license issued to him; or
(7) To manufacture, produce, sell, offer for sale or transfer to another person any document purporting to be a certificate of birth or driver's license.
In addition to the misdemeanor penalties that may be imposed for violation of the provisions of paragraphs (1) through (7) of this section, the court upon conviction may enter an order directing the department to suspend the driver's license, a permit to drive, privileges or any nonresident's driving privileges for a period of ninety (90) days.
Unattended motor vehicles
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake and, when standing upon any grade, turning the front wheels to the curb or side of the highway.
Parking Prohibited in Specified Places
Except when necessary to avoid conflict with other traffic, in compliance with law, the directions of a peace officer or traffic control device, no person shall: (a) Stop, stand or park a vehicle: 1. On the traffic side of any vehicle stopped or parked at the edge or curb of a highway; 2. On a sidewalk; 3. Within an intersection; 4. On a crosswalk; 5. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; 6. Alongside or opposite any highway excavation or obstruction when stopping, standing, or parking would obstruct traffic; 7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; 8. On any railroad tracks; 9. On any controlled-access highway; 10. At any place where traffic-control devices prohibit stopping. (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway; 2. Within fifteen (15) feet of a fire hydrant; 3. Within twenty (20) feet of a crosswalk at an intersection; 4. Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a highway; provided, however, that local authorities may by ordinance or resolution permit the standing or parking of vehicles which are six (6) feet or less in height within such thirty (30) foot distance, or as may be specified by ordinance or resolution or as may be designated with appropriate signs; 5. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a highway opposite the entrance to any fire station within seventy-five (75) feet of the entrance (when properly sign-posted); 6. At any place where traffic-control devices prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers: 1. Within fifty (50) feet of the nearest rail of a railroad crossing; 2. At any place where traffic-control devices prohibit parking. (2) No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such a distance as to be unlawful.
Clinging to or following vehicles
(1) No person riding upon any bicycle, coaster, roller skates, skateboard, sled or toy vehicle shall attach it or himself to any vehicle upon a highway.
(3) No person riding upon any bicycle or human-powered vehicle shall follow a vehicle so closely as to constitute an immediate hazard to the rider.
Failure to Use By-Pass Route (Commercial)
All trucks on a trip originating within the city an traveling in the city for a destination point outside the city shall proceed by the shortest direction over streets on which such traffic is permitted (truck route).
No person shall ride or propel any skateboard, roller skates, go-cart, street luges, or scooters on any public sidewalk adjacent to:
Main Street, Bryden Canyon, Clearwater Memorial Bridge, Brakenbury Square, Rettig Plaze, Civic Center Plaza, Pioneer Park, Prospect Grade, 5th St Grade, 9th St Grade, Miller Grade.
No pedestrian shall cross any roadway within the city except at intersections or marked crosswalks.
Maximum Speed Limits
No person shall operate any vehicle at a speed in excess of the following:
(1) 25 mph upon any public street or highway within the city except
(2) as determined and properly posted.
(5) 15 mph when traversing an uncontrolled intersection of the streets where the operator's view is obstructed.
Use of Radar
The speed of any motor vehicle may be checke dby the use of radio microwaves or any other electrical device. The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle.
The driver or any such motor vehicle may be arrested without warrant under this section provided the arresting officer is in uniform or displays his badge or authority, and has observed the record of the speed of such motor vehicle.
Avoiding an Intersection
It shall be unlawful for any person driving a motor vehicle to drive across or through a private corner lot for the sole purpose of avoiding a traffic control device at an adjacent intersection.
Obedience to Barriers
No person shall disregard warning signals or barriers lawfully placed in any street or the warning signal of a flagman stationed near any railroad crossing or other dangerous place or where authorized workemen are employed on the streets.
Parking Prohibited in Specified Places
(1) Crosswalk, within an intersection, upon a sidewalk, alongside or opposite any street excavation, upon bridge, upon railroad tracks, in city park except where disgnated, on street obstructing traffic, or where signs prohibit. ~ Fine $10
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger in front of any driveway, within 15 feet of a fire hydrant, or within 20 feet of a crosswalk, or within any mail drop zone, within 30 feet of any flashing signal, stop sign, or traffic control device, within 20 feet of the driveway to a fire station, within one block of any place where a fire department is in the process of fighting a fire, on the roadway edge of any parked or stopped vehicle (double parking), within 20 feet of an intersection, or where it will block, obstruct or prevent any other vehicle from turning from a street, alley or lane. ~ Fine $10
(3) Park a vehicle within 50 feet of the nearest railroad crossing, or at any place where official traffic control devices or signs prohibit. ~ $10
Prohibited Parking Areas
No person shall stop, stand or park any automobile more than 18 inches from curb, must be parallel. When no curb must be parallel to center line of roadway. No persons shall permit vehicle to stand unattended without first stopping the engine. Vehicle shall be standing in, or parked solely within, one individual parking stall. And all vehicles shall be parked in such a manner that the vehicle is pointed in the same direction as the traffic which is in the traffic lane directly next to the vehicle.
Driving Over Sidewalks
No vehicle shall be ridden or driven on any sidewalk, except over a permanent driveway.
Unattended Death Procedure
A. Each death reported to this office will be investigated to the point of logical determination as to being natural, accidental, suicide, or homicide.
B. Natural or Accidental
1. The officer arriving at the scene of an apparent natural or accidental death will tactfully ascertain the facts surrounding the death. This should include information such as if that person has been ill, medical history, last time seen or heard alive, and any other questions necessary to establish the circumstances surrounding the death. The officer will then brief the on-duty patrol supervisor.
2. The Investigations Section Commander shall be called with the information that is known. The Investigations Section Commander will make the decision if an investigator will respond to handle the investigation.
3. If the Investigation Section Commander feels that the death is, in fact natural or accidental, from the information learned, the officer will conduct a thorough death investigation. The investigation shall include information such as the description and position of the body, description of the scene, and photographs.
The officer arriving at the scene of what appears to be a suicide will obtain the facts surrounding the death. The officer will then brief the on-duty Patrol Supervisor. The on-duty Patrol Supervisor shall notify the Investigations Section Commander who will make the decision if an investigator will respond to investigate.
The Investigation Section Commander shall be notified and investigators will be immediately dispatched to the scene of a homicide and will assume control of the crime scene and command of the investigation.
E. Traffic Deaths
Traffic fatalities will be investigated by the MCIT Team, per Policy 2.14.
F. Additional Information
1. Where there is any question that the death was caused by criminal means, the scene will be preserved from contamination by the first officer on scene.
2. The first officer arriving at the scene of a deceased person will be responsible for the initial incident report. Additional documentation will be through supplemental reports.
3. Every member of this organization shall display the utmost in police efficiency and courtesy upon arrival at the scene of a death. At no time shall there be any conduct that would tend to be unprofessional or embarrassing to the Lewiston Police Department or its members.
4. Death notification to the nearest relative is the responsibility of the investigating officer/investigator. The notification will be made with utmost compassion and a genuine offer of assistance. Utilization of the Chaplain should be considered.
Unusual Occurrences/Tactical Response
Contacting Off Duty Investigators
II. INCIDENTS REQUIRING USE OF CALL-OUT PROCEDURE
A. Major critical incidents involving complex or lengthy investigations in which a delay would adversely impact the results of the investigation.
B. Major criminal incident requiring resources beyond the capabilities of on-duty Field Operations personnel.
C. Criminal investigations requiring special expertise, knowledge or equipment beyond the normal capabilities of on-duty Field Operations personnel.
D. Incidents in which Investigation Section personnel have specifically requested to be notified to expedite an on-going investigation.
III. CONTACTING INVESTIGATORS
A. Any off-duty investigator may be called out by the Investigation Section Commander, Investigation Section Supervisor or one of their designees after receiving a request from the on-duty Patrol Section Supervisor, once it is determined that the incident meets any criteria listed above.
B. Every effort will be made by the on-duty Patrol Section Supervisor to telephone the Investigation Section Commander, Investigation Section Supervisor, or designee when requesting such a call out. This is necessary so an accurate assessment of equipment and manpower needs can be determined.
C. It is the responsibility of the Investigation Section Commander or Investigation Section Supervisor called to assess the need, make suggestions concerning other resources, respond if deemed necessary.
D. Off duty Investigation Section members shall not normally be called out where the investigation can be appropriately completed when investigators return to normal duty.