Idaho State Statutes - Idaho Attorney Directory

REFUSAL TO GIVE INCRIMINATING EVIDENCE -- COMPELLING TO ANSWER
OR PRODUCE EVIDENCE -- IMMUNITY -- PERJURY. In any criminal proceeding or in
any investigation or proceeding before a grand jury in connection with any
criminal offense, if a person refuses to answer a question or produce evidence
of any other kind on the ground that he may be incriminated thereby, and if
the prosecuting attorney of the county in writing requests the district court
in and for that county to order that person to answer the question or produce
the evidence, a judge of the district court shall set a time for hearing and
order the person to appear before the court and show cause, if any, why the
question should not be answered or the evidence produced, and the court shall
order the question answered or the evidence produced unless it finds that to
do so would be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that person
shall comply with the order. After complying, and if, but for this section, he
would have been privileged to withhold the answer given or the evidence
produced by him, the answer given, or evidence produced, and any information
directly or indirectly derived from the answer or evidence, may not be used
against the compelled person in any manner in a criminal case, except that he
may nevertheless be prosecuted or subjected to penalty or forfeiture for any
perjury, false swearing or contempt committed in answering, or failing to
answer, or in producing, or failing to produce, evidence in accordance with
the order.

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