Idaho

(information last updated Fall 2017)

Ongoing Projects:

Federal Project Operating in the State:

EPA sponsors the IDAH20 Master Water Stewards program, which the University of Idaho Extension operates.  See IDAH20 Master Water Stewards, Federal Crowdsourcing and Citizen Sci. Catalog, https://ccsinventory.wilsoncenter.org/#projectId/68 (last visited Apr. 10, 2017).  The program trains volunteers about regional water quality issues and monitoring protocols.  See id.  All data collected through the program is made available in a public database.  See Water Quality Database, IDAH20, http://www.uidaho.edu/extension/idah2o/database (last visited Apr. 10, 2017).

State Project:

The Idaho Department of Environmental Quality (DEQ) runs the Citizen Volunteer Monitoring Program, through which it uses volunteer data for “education, problem identification, and decision-making.”  See Idaho Dep’t of Envtl. Quality, Idaho’s Citizen Volunteer Monitoring Program (2013), available at http://www.deq.idaho.gov/media/1060462-citizen_volunteer_monitoring_program.pdf.  In order to participate, volunteers must attend a training run by DEQ.  See id.  We have been unable to find statutory authority for the program, which DEQ appears to have created on its own initiative.

Collection of Information:

Drone Law:

See infra “Drone Laws.”

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  Notice against trespass must be given by signage or blazes (e.g. orange fenceposts or signs).  Idaho Code § 18-7008.

Other Provisions:

See infra “Drone Laws.”

Drone Laws:                                         

Law:

“[N]o person, entity or state agency shall use an unmanned aircraft system to intentionally conduct surveillance of, gather evidence or collect information about, or photographically or electronically record specifically targeted persons or specifically targeted private property including, but not limited to:

     (ii) A farm, dairy, ranch or other agricultural industry without the written consent of the owner of such farm, dairy, ranch or other agricultural industry.” 

Idaho Code § 21-213.

Stalking Laws:

Criminal Law:

“A person commits the crime of stalking in the second degree if the person knowingly and maliciously:

    (a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or

 

    (b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.”  Idaho Code § 18-7906.

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”  I.R.C.P. 11.

Authentication or Chain of Custody:

 

“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”  I.R.E. 901.

Expert Testimony:

Use some parts of Daubert standard, but not others.  See State v. Merwin, 962 P.2d 1026, 1030 (1998).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.