Twin Falls Prosecuting Attorney Grant Loebs speaks out against a new Idaho Supreme Court ruling on misdemeanor arrest rules.
IDAHO FALLS — On Aug. 27 Idaho Falls Police Department officers responded to a report of a battery near 14th Street. The incident was relatively minor. A woman in her 50s had reportedly hit her roommate in the mouth, causing a cut lip. Police cited the attacker for misdemeanor battery, ordering her to appear in court, the Post Register reported. Shortly after officers left, however, the situation escalated. The victim in the earlier incident allegedly retaliated against her roommate by swinging a metal baseball bat at her head. Police returned and arrested the woman. What had started as a misdemeanor offense had escalated to felony aggravated assault. Since they were roommates the initial call could have been handled as a misdemeanor domestic violence case.
If the attack had happened three months earlier, the officers would have had the option to arrest the first suspect despite not having witnessed the fight. The separation would have allowed all parties to cool down, and allowed the court to issue a no-contact order sooner, preventing the fight. A 1979 law had allowed law enforcement to make arrests in battery and domestic violence if they felt there was probable cause. In June, the Idaho Supreme Court ruled unanimously that the law was unconstitutional, and that abuse cases must be treated like other misdemeanors.
Twin Falls County Prosecutor Grant Loebs, speaking as a member of the Idaho Prosecuting Attorneys Association, said the brief the association submitted was rejected by the court because it wasn’t a party to the case.“There isn’t any efficient way to deal with the problem this creates,” Loebs said. Loebs noted that decision also effects drunken driving cases. If a caller reports that a driver appears to be intoxicated, law enforcement cannot make an arrest unless they witness the suspect driving. Loebs also said the ruling makes it easier for suspected abusers to retaliate against victims for reporting them, dissuading victims from coming forward. He worried someone would eventually be killed because law enforcement were unable to make an arrest when called. “It doesn’t take any imagination to see that happening,” Loebs said.
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MagicValley.com | Johnathan Hogan Post Register