SJR 104 attempts to reverse a 2019 Idaho Supreme Court case State v. Clarke that found that police officers could not make warrantless arrests for misdemeanor crimes unless the crime took place in the presence of an officer. Instead, SJR 104 would change Idaho’s Constitution to not deem warrantless arrests outside the presence of an officer an unreasonable seizure. This change would significantly alter due process principles during police interactions, which are foundational constitutional protections aimed at limiting the government’s power of arresting and incarcerating anyone for any reason.