ID · jury_instructions
ICJI 1262
Duty to Submit to Arrest
ICJI 1262 DUTY TO SUBMIT TO ARREST
If a person has reasonable grounds to believe that the person is being arrested by a peace officer, it is the person's duty to refrain from using force or any weapon in resisting arrest regardless of whether or not there is a legal basis for the arrest. A person may not use force to resist an arrest by someone the person knows or has good reason to believe is an authorized peace officer engaged in the performance of the officer's duties.
Comment
State v. Richardson, 95 Idaho 446, 511 P.2d 263 (1973), cert. denied, 414 U.S. 1163, 94 S.Ct. 928, 39 L.Ed.2d 117 (1974); State v. Wilkerson, 114 Idaho 174, 755 P.2d 471 (Ct. App.), aff'd, 115 Idaho 357, 766 P.2d 1238 (1988).
This instruction should be used where the charge against the defendant involves his resistance to his arrest or to the arrest of another.
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
300664b7c0cafe5eddc216c6614cd55aed2a80279cf66a9402b0a18e423ea78b
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.