SJR104 allows police to make warrantless misdemeanor arrests on the supposition of criminal behavior, even if no criminal activity is observed.
The Idaho State Senate passed SJR104 on March 18, 2020 by a vote of 17 to 15 (though the resolution later failed). We have assigned pluses to the nays because this resolution represents a worrying enhancement of government’s ability to deprive citizens of liberty. Under this statute, a police officer is emboldened to make a misdemeanor arrest if he or she determines there is a “substantial chance” of criminal activity. Removing the check that an officer must have observed criminal activity will lead to police abuses and the detention of the innocent. The 4th amendment of the U.S. Constitution unambiguously protects against “unreasonable searches and seizures.”