BOISE, Idaho — If an officer of the law doesn't see a misdemeanor crime happen, can they arrest someone on the spot?
For about 40 years the answer in Idaho was 'yes,' but last summer, the Idaho Supreme Court ruled against it.
The change in law had some lawmakers and advocacy groups concerned about issues the change could create, namely with how officers are allowed to handle domestic violence calls.
That prompted Dr. Lisa Growette-Bostaph, a criminal justice professor at Boise State University, to research what happened after the change in law happened.
"It was a surprise to everybody," Growette-Bostaph said. "Warrantless arrests in misdemeanor domestic violence cases have been in existence or used for about 30 years."
The research is unique because Idaho is the only place in the country with the situation.
"Every jurisdiction in the country, has warrantless arrest powers in misdemeanor domestic violence cases. We are the only state in the United States right now that does not have it," Growette-Bostaph explained.
The Boise State professor adds that research shows arresting in domestic violence situations has a significant reduction in the likelihood of future domestic violence.
She says this comes down to a few things for some in Idaho law enforcement.
"I think the biggest point is fear," Growette-Bostaph said. "Is it just a matter of time before, unfortunately, a domestic violence homicide is going to occur in a situation where officers have responded and could not make an arrest at that point and time."
She adds that there are other ways for officers to deal with tense situations, but that the warrantless arrest tool was very helpful for some situations.
"Not only is it a tool that's been used, it’s a tool with evidence, scientific evidence behind its effects," Growette-Bostaph said.
While she continues her research, over at the Statehouse, legislation has been proposed to totally undo the court’s decision.
If passed by two-thirds of the Senate and House, Senate Joint Resolution 103, sponsored by Sen. Grant Burgoyne, would put warrantless arrests on the ballot as a constitutional amendment.
From there, voters would decide.
Burgoyne tells KTVB that his legislation is currently in the State Affairs Committee. He is listening to suggestions on the bill and hopes to have it move forward soon.
Growette-Bostaph says her research is well underway, but that there is still a lot of work to do before their final research on the change in law is done.
If you are a victim of domestic violence, Faces of Hope is open 24 hours a day, seven days a week. All their services are free. You can also call the National Domestic Violence hotline at 1-800-799-7233. Locally you can call 208-343-7025. It's a hotline through the Women's and Children's Alliance. In an emergency, call 9-1-1.