COEUR d’ALENE — Police did not charge a man accused of sexual battery over the weekend because the Idaho Constitution prohibits warrantless arrests for misdemeanor offenses that occur outside an officer’s presence, according to a news release issued by the Coeur d’Alene Police Department.

Police responded the night of Nov. 30 to a report of a sexual assault at a bar in downtown Coeur d’Alene. By the time police arrived, witnesses had detained the suspect, a 22-year-old Hayden man. 

After interviewing the victim and multiple witnesses, police “determined a misdemeanor sexual battery had occurred,” according to a news release. 

In Idaho, police cannot make an arrest for a misdemeanor offense unless they witnessed the offense or they have a warrant. Alternatively, a witness can make a citizen’s arrest for an offense committed in their presence. 

The victim in the case declined to complete a citizen’s arrest, according to police, and no other parties at the scene were willing to make a citizen’s arrest for disorderly conduct. 

“As a result, the suspect was released from police custody and a report was taken to document the investigation for potential future charges should the victim desire that outcome,” a news release said.