reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.4A - Application for search warrant — global positioning device — issuance.

808.4A Application for search warrant — global positioning device — issuance.
1. A peace officer may make a written application to a magistrate for the issuance of a search warrant to authorize the placement, tracking, monitoring, or removal of a global positioning device, supported by a peace officer’s oath or affirmation, which includes facts, information, and circumstances tending to establish sufficient grounds for granting the peace officer’s application, and probable cause for believing the grounds exist.
2. The application shall describe the person, place, or thing to be tracked or monitored by a global positioning device, or the removal of such a device from a person, place, or thing with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing. If the magistrate issues the search warrant, the magistrate shall endorse on the application the name and address of all persons upon whose sworn testimony the magistrate relied to issue the warrant together with the abstract of each witness’ testimony, or the witness’ affidavit. However, if the grounds for issuance are supplied by an informant, the magistrate shall identify only the peace officer to whom the information was given. The application or sworn testimony supplied in support of the application must establish the credibility of the informant or the credibility of the information given by the informant. The magistrate may in the magistrate’s discretion require that a witness upon whom the applicant relies for the information appear personally and be examined concerning the information.
3. Upon a finding of probable cause to issue such a warrant, the magistrate shall issue a warrant, signed by the magistrate with the magistrate’s name of office, directed to any peace officer, commanding that the peace officer place, track, monitor, or remove the global positioning device.
2014 Acts, ch 1083, §2
Referred to in §808.1
For future amendments to section contingent upon adoption of rules by the supreme court regarding electronic search warrants, see
2017 Acts, ch 37, §6, 9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.5 - Execution.

808.5 Execution.
A search warrant may be executed by any peace officer. No persons other than those authorized by this section shall execute search warrants except in aid of those so authorized and on such authorized person’s request, the authorized person being present and acting. The warrant may be executed in the daytime or in the nighttime. The warrant, when executed, shall be forthwith returned to the issuing magistrate. Where the property to be seized has been, or is susceptible of being, removed from the officer’s jurisdiction, the officer executing the warrant may pursue it and search for property designated in the warrant.
[C51, §3297; R60, §1565, 5032, 5035; C73, §1544, 4637, 4640; C97, §2413, 5552, 5555; S13, §5007-a; SS15, §2413, 2415; C24, 27, 31, §1578, 1970, 1971, 13425, 13428; C35, §13441-g7, -g8; C39, §13441.07, 13441.08; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.7, 751.8; C79, 81, §808.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.6 - Forcible execution.

808.6 Forcible execution.
1. The officer may break into any structure or vehicle where reasonably necessary to execute the warrant if, after notice of this authority and purpose the officer’s admittance has not been immediately authorized. The officer may use reasonable force to enter a structure or vehicle to execute a search warrant without notice of the officer’s authority and purpose in the case of vacated or abandoned structures or vehicles.
2. The officer executing a search warrant may break restraints when necessary for the officer’s own liberation or to effect the release of a person who has entered a place to aid the officer.
[C51, §3298; R60, §5033, 5034; C73, §4638, 4639; C97, §5553, 5554; C24, 27, 31, §13426, 13427; C35, §13441-g9, -g10; C39, §13441.09, 13441.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.9, 751.10; C79, 81, §808.6]
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.7 - Detention and search of persons on premises.

808.7 Detention and search of persons on premises.
In the execution of a search warrant the person executing the same may reasonably detain and search any person or thing in the place at the time for any of the following reasons:
1. To protect the searcher from attack.
2. To prevent the disposal or concealment of any property subject to seizure described in the warrant.
3. To remove any item which is capable of causing bodily harm that the person may use to resist arrest or effect an escape.
[C79, 81, §808.7]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.8 - Return.

808.8 Return.
A search warrant shall be executed within ten days from its date; failure to execute within that period shall void the warrant. Property seized and its containers, if any, shall be safely kept by the officer, and incident thereto:
1. Upon such seizure the officer shall furnish an itemized receipt for such property to the person from whom taken or in whose possession it was found, if such person can be located, or a copy of the inventory may be left on the premises searched.
2. The officer must file, with the officer’s return, a complete inventory of the property taken, and state under oath that it is accurate to the best of the officer’s knowledge. The magistrate must, if requested, deliver a copy of the inventory of seized property to the person from whose possession it was taken and to the applicant for the warrant.
[C51, §3299 – 3302; R60, §1565, 5036 – 5039; C73, §1544, 4641 – 4644; C97, §2413, 2415, 5556 – 5559; SS15, §2413, 2415; C24, 27, 31, §1581, 1971, 13429 – 13432; C35, §13441-g12-15; C39, §13441.12 – 13441.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.12 – 751.15; C79, 81, §808.8]
See
R.Cr.P. 2.36
For future amendments to section contingent upon adoption of rules by the supreme court regarding electronic search warrants, see
2017 Acts, ch 37, §7, 9
;
2020 Acts, ch 1121, §114, 115
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.9 - Safekeeping of seized property.

808.9 Safekeeping of seized property.
Property of an evidentiary nature seized in the execution of a search warrant shall be safely kept, subject to the orders of any court having jurisdiction to try any offense involved therewith, so long as reasonably necessary to enable its production at trials. The disposition of such property shall be in accordance with chapter 809.
[R60, §5048; C73, §4653; C97, §5568; C24, 27, 31, §13441; C35, §13441-g36; C39, §13441.36; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.36; C79, 81, §808.9]
Referred to in §321J.10, 462A.14D
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.10 - Maliciously suing out a warrant — officer exceeding authority.

808.10 Maliciously suing out a warrant — officer exceeding authority.
Whoever maliciously and without just cause procures a search warrant to be issued and executed is guilty of a serious misdemeanor. Anyone who, in executing a search warrant, willfully exceeds the person’s authority, or exercises it with unnecessary severity, is guilty of a serious misdemeanor.
[C51, §3308; R60, §5045, 5046; C73, §4650, 4651; C97, §5565, 5566; C24, 27, 31, §13438, 13439; C35, §13441-g38, -g39; C39, §13441.38, 13441.39; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.38, 751.39; C79, 81, §808.10]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.11 - Transmission of papers to district court clerk.

808.11 Transmission of papers to district court clerk.
The magistrate who has issued a search warrant shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with the clerk of the district court for the county in which the property was seized.
[C79, 81, §808.11]
For future amendments to section contingent upon adoption of rules by the supreme court regarding electronic search warrants, see
2017 Acts, ch 37, §8, 9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.12 - Detention and search in theft of library materials and shoplifting.

808.12 Detention and search in theft of library materials and shoplifting.
1. Persons concealing property as set forth in section 711.3B or 714.5, may be detained and searched by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee, provided that the detention is for a reasonable length of time and that the search is conducted in a reasonable manner by a person of the same sex and according to subsection 2 of this section.
2. No search of the person under this section shall be conducted by any person other than someone acting under the direction of a peace officer except where permission of the one to be searched has first been obtained.
3. The detention or search under this section by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee does not render the person liable, in a criminal or civil action, for false arrest or false imprisonment provided the person conducting the search or detention had reasonable grounds to believe the person detained or searched had concealed or was attempting to conceal property as set forth in section 711.3B or 714.5.
[C62, 66, 71, 73, 75, 77, §709.22 – 709.24; C79, 81, §808.12]
2010 Acts, ch 1125, §3; 2019 Acts, ch 140, §5
Referred to in §714.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.13 - Confidentiality.

808.13 Confidentiality.
All information filed with the court for the purpose of securing a warrant for a search, including but not limited to an application and affidavits, shall be a confidential record until such time as a peace officer has executed the warrant and has made return thereon. During the period of time that information is confidential it shall be sealed by the court, and the information contained therein shall not be disseminated to any person other than a peace officer, magistrate, court employee, an employee of the department of corrections, if authorized by the director of the department of corrections, or an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services, in the course of official duties.
[C79, 81, §808.13]
2021 Acts, ch 11, §4
Confidentiality of arrest warrant information, see §804.29
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.14 - Administrative warrants.

808.14 Administrative warrants.
The courts and other appropriate agencies of the judicial branch of the government of this state may issue administrative search warrants, in accordance with the statutory and common law requirements for the issuance of such warrants, to all governmental agencies or bodies expressly or impliedly provided with statutory or constitutional home rule authority for inspections to the extent necessary for the agency or body to carry out such authority, to be executed or otherwise carried out by an officer or employee of the agency or body.
85 Acts, ch 38, §1
Referred to in §99F.6, 135.141, 162.10B, 162.10C, 421.9, 453B.11, 657A.1A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.15 - Unmanned aerial vehicle — information — admissibility.

808.15 Unmanned aerial vehicle — information — admissibility.
Information obtained as a result of the use of an unmanned aerial vehicle is not admissible as evidence in a criminal or civil proceeding, unless the information is obtained pursuant to the authority of a search warrant, or unless the information is otherwise obtained in a manner that is consistent with state and federal law.
2014 Acts, ch 1111, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.16 - Exception to search warrant requirement — garbage searches.

808.16 Exception to search warrant requirement — garbage searches.
1. It is the public policy of this state that a person has no reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publicly accessible area.
2. A city or county shall only adopt an ordinance or a regulation concerning waste management and sanitation for the purposes of promoting public health and cleanliness. An ordinance or a regulation adopted by a city or county shall not be construed by a person to create a reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publicly accessible area.
3. Garbage placed outside of a person’s residence for waste collection in a publicly accessible area shall be deemed abandoned property and shall not be considered to be constitutionally protected papers or effects of the person.
4. A peace officer may conduct a search and may seize garbage placed outside of a person’s residence for waste collection in a publicly accessible area without making an application for a search warrant.
2022 Acts, ch 1022, §1
NEW section
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808A - STUDENT SEARCHES › Section 808A.1 - Definitions.

808A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Protected student area” includes, but is not limited to:
a. A student’s body.
b. Clothing worn or carried by a student.
c. A student’s pocketbook, briefcase, duffel bag, bookbag, backpack, knapsack, or any other container used by a student for holding or carrying personal belongings of any kind and in the possession or immediate proximity of the student.
2. “School” means a public or nonpublic educational institution offering any of grades kindergarten through twelve.
3. “School official” means a licensed school employee, and includes unlicensed school employees employed for security or supervision purposes.
4. “Student” means a person enrolled in a school for any of grades kindergarten through twelve.
5. “Student search rule” means a rule established by the school board of a public school, pursuant to section 279.8 or 279.9, or the authorities in charge of a nonpublic school controlling the manner of the searching of students or protected student areas and school lockers, desks, and other facilities or spaces owned by the school. A student search rule, to be valid for purposes of this chapter, shall require that all searches of students or protected student areas be reasonably related in scope to the circumstances which gave rise to the need for the search and based upon consideration of relevant factors which include, but are not limited to, the following:
a. The nature of the violation for which the search is being instituted.
b. The age or ages and gender of the students who may be searched pursuant to the rule.
c. The objectives to be accomplished by the search.
86 Acts, ch 1129, §1; 89 Acts, ch 265, §40; 95 Acts, ch 191, §55; 97 Acts, ch 84, §1, 2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808A - STUDENT SEARCHES › Section 808A.3 - Student search by peace officer.

808A.3 Student search by peace officer.
The search of a student or of a protected student area by a peace officer who is not a school official, or by a school official at the invitation or direction of a peace officer who is not a school official, shall be governed by the statutory and common law requirements for police searches.
86 Acts, ch 1129, §3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808A - STUDENT SEARCHES › Section 808A.4 - Exclusion of evidence.

808A.4 Exclusion of evidence.
Material or evidence obtained directly or indirectly as a result of a search conducted in violation of this chapter is inadmissible in a criminal proceeding against a student.
86 Acts, ch 1129, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.3 - Court order for interception by special agents.

808B.3 Court order for interception by special agents.
The attorney general shall authorize and prepare any application for an order authorizing the interception of wire, oral, or electronic communications. The attorney general may apply to any district court of this state, or request that the county attorney in the district where application is to be made deliver the application of the attorney general, for an order authorizing the interception of wire, oral, or electronic communications, and the court may grant, subject to this chapter, an order authorizing the interception of wire, oral, or electronic communications by special state agents having responsibility for the investigation of the offense as to which application is made, when the interception may provide or has provided evidence of the following:
1. A felony offense involving dealing in controlled substances, as defined in section 124.101.
2. A forcible felony as defined in section 702.11.
3. A felony offense involving ongoing criminal conduct in violation of chapter 706A.
4. A felony offense involving money laundering in violation of chapter 706B.
5. A felony fugitive warrant issued in the state or involving an individual who is reasonably believed to be located within the state.
6. A felony offense involving human trafficking in violation of chapter 710A.
89 Acts, ch 225, §24; 99 Acts, ch 78, §10; 2009 Acts, ch 88, §9; 2014 Acts, ch 1097, §11
Referred to in §808B.5, 808B.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.4 - Permissible disclosure and use.

808B.4 Permissible disclosure and use.
1. A special state agent who, by any means authorized by this chapter, has obtained knowledge of the contents of a wire, oral, or electronic communication, or has obtained evidence derived from a wire, oral, or electronic communication, may disclose the contents to another investigative or law enforcement officer to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.
2. An investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of a wire, oral, or electronic communication or has obtained evidence derived from a wire, oral, or electronic communication may use the contents to the extent the use is appropriate to the proper performance of the officer’s official duties.
3. A person who has received, by any means authorized by this chapter, any information concerning a wire, oral, or electronic communication, or evidence derived from a wire, oral, or electronic communication intercepted in accordance with this chapter may disclose the contents of that communication or derivative evidence while giving testimony under oath or affirmation in a criminal proceeding in any court of the United States or of this state or in any federal or state grand jury proceeding.
4. An otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter does not lose its privileged character.
5. If a special state agent, while engaged in intercepting a wire, oral, or electronic communication in the manner authorized, intercepts a communication relating to an offense other than those specified in the order of authorization, the contents of the communication, and the evidence derived from the communication, may be disclosed or used as provided in subsections 1 and 2. The contents of and the evidence derived from the communication may be used under subsection 3 when authorized by a court if the court finds on subsequent petition that the contents were otherwise intercepted in accordance with this chapter. The petition shall be made as soon as practicable.
89 Acts, ch 225, §25; 99 Acts, ch 78, §11
Referred to in §808B.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.7 - Contents of intercepted wire, oral, or electronic communication as evidence.

808B.7 Contents of intercepted wire, oral, or electronic communication as evidence.
The contents or any part of the contents of an intercepted wire, oral, or electronic communication and any evidence derived from the wire, oral, or electronic communication shall not be received in evidence in a trial, hearing, or other proceeding in or before a court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a state, or political subdivision of a state if the disclosure of that information would be in violation of this chapter.
89 Acts, ch 225, §28; 99 Acts, ch 78, §22
Referred to in §808B.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.8 - Civil damages authorized — civil and criminal immunity — injunctive relief.

808B.8 Civil damages authorized — civil and criminal immunity — injunctive relief.
1. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter shall:
a. Have a civil cause of action against any person who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use such communications.
b. Be entitled to recover from any such person all of the following:
(1) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation, or one thousand dollars, whichever is higher.
(2) Punitive damages upon a finding of a willful, malicious, or reckless violation of this chapter.
(3) A reasonable attorney fee and other litigation costs reasonably incurred.
2. A good faith reliance on a court order shall constitute a complete defense to any civil or criminal action brought under this chapter.
3. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this chapter may seek an injunction, either temporary or permanent, against any person who violates this chapter.
89 Acts, ch 225, §29; 99 Acts, ch 78, §23, 24
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.10 - Restrictions on use and installation of a pen register or a trap and trace device.

808B.10 Restrictions on use and installation of a pen register or a trap and trace device.
1. Except for emergency situations pursuant to section 808B.12, a person shall not install or use a pen register or a trap and trace device without first obtaining a search warrant or court order pursuant to section 808B.11. However, a pen register or a trap and trace device may be used or installed without court order if any of the following apply:
a. It relates to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of the provider of the service, or to the protection of users of the service from abuse of the service or unlawful use of the service.
b. If a wire or electronic communication was initiated or completed in order to protect the provider of the wire or electronic communication service, another provider furnishing service toward the completion of the wire or electronic communication, or a user of the service, from fraudulent, unlawful, or abusive use of the service.
c. If consent was obtained from the user of the electronic or wire communication service.
2. A person who knowingly violates this section commits a serious misdemeanor.
99 Acts, ch 78, §25; 2009 Acts, ch 88, §11; 2010 Acts, ch 1069, §64
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.12 - Emergency installation and use — subsequent application and order.

808B.12 Emergency installation and use — subsequent application and order.
1. Notwithstanding any other provision of this chapter, a special state agent authorized by the prosecuting attorney or an assistant attorney general who reasonably determines that an emergency situation described in subsection 2 exists which requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can be obtained with due diligence, may install and use a pen register or trap and trace device, if an order approving the installation or use is applied for and issued in accordance with section 808B.11 within forty-eight hours of the installation.
2. Subsection 1 applies in the following emergency situations:
a. Immediate danger of death or serious bodily injury to a person.
b. Conspiratorial activities characteristic of organized crime.
c. Immediate threat to a national security interest.
d. Ongoing attack on a computer that constitutes a crime punishable by a term of imprisonment greater than one year.
3. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the application for the order is denied, or when forty-eight hours have lapsed since the installation of the pen register or trap and trace device, whichever is earlier.
4. The knowing installation or use by any investigative or law enforcement officer of a pen register or trap and trace device pursuant to subsection 1 without application for the authorizing order within forty-eight hours of the installation constitutes a serious misdemeanor.
5. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for such reasonable expenses incurred in providing such facilities and assistance.
99 Acts, ch 78, §27; 99 Acts, ch 208, §66, 67; 2009 Acts, ch 88, §13
Referred to in §808B.10, 808B.11, 808B.13
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.13 - Assistance in installation and use of a pen register or a trap and trace device.

808B.13 Assistance in installation and use of a pen register or a trap and trace device.
1. Upon the request of the prosecuting attorney or the special state agent authorized to install and use a pen register under this chapter, and as directed by court order, a provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish such investigative or law enforcement officer forthwith with all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the service that the person so ordered by the court accords the party with respect to whom the installation and use is to take place.
2. Upon the request of the prosecuting attorney or the special state agent authorized to receive the results of a trap and trace device under this chapter, and as directed by court order, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install such device forthwith on the appropriate telephone line and shall furnish such investigative or law enforcement officer with all additional information, facilities, and technical assistance including installation and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place. Unless otherwise ordered by the court, the results of the trap and trace device shall be furnished to the authorized law enforcement agency designated in the court order at reasonable intervals during regular business hours for the duration of the order.
3. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be compensated for reasonable expenses incurred in providing such facilities and assistance.
4. A cause of action shall not lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a search warrant or court order under section 808B.11 or 808B.12.
5. A good faith reliance on a search warrant or court order under section 808B.11 or 808B.12 is a complete defense against any civil or criminal action brought under this chapter or any other statute.
99 Acts, ch 78, §28; 2009 Acts, ch 88, §14
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808B - INTERCEPTION OF COMMUNICATIONS › Section 808B.14 - Reporting installation and use of pen registers and trap and trace devices.

808B.14 Reporting installation and use of pen registers and trap and trace devices.
In January of each year, the attorney general and the county attorneys of this state shall report to the state court administrator the number of pen register orders and orders for trap and trace devices applied for and obtained by their offices during the preceding calendar year.
99 Acts, ch 78, §29
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.1 - Definitions.

809.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Seizable property” means any of the following:
a. Property which is relevant in a criminal prosecution or investigation.
b. Property defined by law to be forfeitable property.
c. Property which if not seized by the state poses an imminent danger to a person’s health, safety, or welfare.
2. “Seized property” means property taken or held by any law enforcement agency without the consent of the person, if any, who had possession or a right to possession of the property at the time it was taken into custody. Seized property does not include property taken into custody solely for safekeeping purposes or property taken into custody with the consent of the owner or the person who had possession at the time of the taking. If consent to the taking of property was given by the person in possession of the property and later withdrawn or found to be insufficient, the property shall then be returned or the property shall be deemed seized as of the time of the demand and refusal.
3. The definitions contained in subsections 1 and 2 shall not apply to violations of chapter 321.
86 Acts, ch 1140, §3; 95 Acts, ch 48, §23; 96 Acts, ch 1133, §47
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.2 - Notice of seizure.

809.2 Notice of seizure.
The officer taking possession of seized property shall make a written inventory of the property and deliver a copy of the inventory to the person from whom it was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of the seizure, and the law enforcement agency seizing the property.
86 Acts, ch 1140, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.3 - Application for immediate return of seized property.

809.3 Application for immediate return of seized property.
1. Any person claiming a right to immediate possession of seized property may make application for its return in the office of the clerk of court for the county in which the property was seized.
2. The application for the return of seized property shall state the specific item or items sought, the nature of the claimant’s interest in the property, and the grounds upon which the claimant seeks to have the property immediately returned. Mere ownership is insufficient as grounds for immediate return. The written application shall be specific and the claimant shall be limited at the judicial hearing to proof of the grounds set out in the application for immediate return. The fact that the property is inadmissible as evidence or that it may be suppressed is not grounds for its return. If no specific grounds are set out in the application for return, or the grounds set out are insufficient as a matter of law, the court may enter judgment on the pleadings without further hearing.
3. The application shall be signed by the claimant under penalty of perjury.
4. The claimant shall cause a copy of the application to be delivered to the county attorney.
86 Acts, ch 1140, §5; 2013 Acts, ch 7, §1
Referred to in §29C.25, 809.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.4 - Hearing — appeal.

809.4 Hearing — appeal.
An application for the return of seized property shall be set for hearing not less than five nor more than thirty days after the filing of the application and shall be tried to the court. All claims to the same property shall be heard in one proceeding unless it is shown that the proceeding would result in prejudice to one or more of the parties. If the total value of the property sought to be returned is less than five thousand dollars, the proceeding may be conducted by a magistrate or a district associate judge with appeal to be as in the case of small claims. In all other cases, the hearing shall be conducted by a district judge, with appeal as provided in section 809.12A.
86 Acts, ch 1140, §6; 96 Acts, ch 1133, §48
Referred to in §602.6405
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.12A - Appeals.

809.12A Appeals.
An appeal from a denial of an application for the return of seized property or from an order for the return of seized property shall be made within thirty days after the entry of a judgment order. The appellant, other than the state, shall post a bond of a reasonable amount as the court may fix and approve, conditioned to pay all costs of the proceedings if the appellant is unsuccessful on appeal. The appellant, other than the state, may be required to post a supersedeas bond or other security, as the court finds to be reasonable, in order to stay the operation of a forfeiture order under section 809A.16.
96 Acts, ch 1133, §49
Referred to in §809.4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.15 - Combining proceedings.

809.15 Combining proceedings.
In cases involving seized property and property subject to forfeiture pursuant to section 809A.4, the court may order that the proceedings be combined for purposes of this chapter.
86 Acts, ch 1140, §17; 96 Acts, ch 1133, §50
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.16 - Rulemaking.

809.16 Rulemaking.
The attorney general shall adopt, amend, or repeal rules pursuant to chapter 17A to carry out the provisions of this chapter.
86 Acts, ch 1140, §18; 96 Acts, ch 1133, §51
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.17 - Proceeds applied to various programs.

809.17 Proceeds applied to various programs.
Except as provided in section 809.21, proceeds from the disposal of seized property pursuant to this chapter may be transferred in whole or in part to the victim compensation fund created in section 915.94 at the discretion of the recipient agency, political subdivision, or department.
90 Acts, ch 1251, §60; 91 Acts, ch 181, §16; 91 Acts, ch 258, §66; 96 Acts, ch 1133, §52; 98 Acts, ch 1090, §75, 84
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809 - DISPOSITION OF SEIZED PROPERTY › Section 809.21 - Sale of certain ammunition and firearms.

809.21 Sale of certain ammunition and firearms.
Ammunition and firearms which are not illegal and which are not offensive weapons as defined by section 724.1 may be sold by the department of public safety at public auction. The department of public safety may sell at public auction forfeited legal weapons received from the director of the department of natural resources, except that rifles and shotguns shall be retained by the department of natural resources for disposal according to its rules. The sale of ammunition or firearms pursuant to this section shall be made only to federally licensed firearms dealers or to persons who have a permit to purchase the firearms. Persons who have not obtained a permit may bid on firearms at the public auction. However, persons who bid without a permit must post a fifty percent of purchase price deposit with the commissioner of public safety on any winning bid. No transfer of firearms may be made to a person bidding without a permit until such time as the person has obtained a permit. If the person is unable to produce a permit within two weeks from the date of the auction, the person shall forfeit the fifty percent deposit to the department of public safety. All proceeds of a public auction pursuant to this section, less department expenses reasonably incurred, shall be deposited in the general fund of the state. The department of public safety shall be reimbursed from the proceeds for the reasonable expenses incurred in selling the property at the auction.
86 Acts, ch 1238, §33; 87 Acts, ch 13, §7, 8; 90 Acts, ch 1042, §1
Referred to in §483A.33, 809.5, 809.17, 809A.17
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.2 - Jurisdiction and venue.

809A.2 Jurisdiction and venue.
1. The district court has jurisdiction under this chapter over:
a. All interests in property within this state at the time a forfeiture action is filed.
b. The interest in the property of an owner or interest holder who is subject to personal jurisdiction in this state.
2. In addition to the venue provided for under chapter 803 or any other provision of law, a proceeding for forfeiture under this chapter may be maintained in the county in which any part of the property is found or in the county in which a civil or criminal action could be maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture.
96 Acts, ch 1133, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.3 - Conduct giving rise to forfeiture.

809A.3 Conduct giving rise to forfeiture.
1. The following conduct may give rise to forfeiture:
a. An act or omission which is a public offense and which is a serious or aggravated misdemeanor or felony.
b. An act or omission occurring outside of this state, that would be punishable by confinement of one year or more in the place of occurrence and would be a serious or aggravated misdemeanor or felony if the act or omission occurred in this state.
c. An act or omission committed in furtherance of any act or omission described in paragraph “a”, which is a serious or aggravated misdemeanor or felony, including any inchoate or preparatory offense.
2. Notwithstanding subsection 1, violations of chapter 321 or 321J shall not be considered conduct giving rise to forfeiture, except for violations of the following:
a. Section 321.232.
b. Section 321J.4B, subsection 6, 9, or 10.
96 Acts, ch 1133, §3; 97 Acts, ch 177, §29; 2007 Acts, ch 38, §11; 2010 Acts, ch 1069, §146; 2013 Acts, ch 30, §171; 2019 Acts, ch 59, §230
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.4 - Property subject to forfeiture.

809A.4 Property subject to forfeiture.
The following are subject to forfeiture:
1. All controlled substances, raw materials, controlled substance analogs, counterfeit controlled substances, imitation controlled substances, or precursor substances, that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state.
2. a. All property, except as provided in paragraph “b”, including the whole of any lot or tract of land and any appurtenances or improvements to real property, including homesteads that are otherwise exempt from judicial sale pursuant to section 561.16, that is either:
(1) Furnished or intended to be furnished by a person in an exchange that constitutes conduct giving rise to forfeiture.
(2) Used or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture.
b. If the only conduct giving rise to forfeiture is a violation of section 124.401, subsection 5, real property is not subject to forfeiture and other property subject to forfeiture pursuant to paragraph “a”, subparagraph (2), may be forfeited only pursuant to section 809A.14.
3. All proceeds of any conduct giving rise to forfeiture.
4. All weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture.
5. Any interest or security in, claim against, or property or contractual right of any kind affording a source of control over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct or through conduct giving rise to forfeiture.
6. a. Any property of a person up to the value of property which is either of the following:
(1) Described in subsection 2 that the person owned or possessed for the purpose of a use described in subsection 2.
(2) Described in subsection 3 and is proceeds of conduct engaged in by the person or for which the person is criminally responsible.
b. Property described in this subsection may be seized for forfeiture pursuant to a constructive seizure or an actual seizure pursuant to section 809A.6. Actual seizure may only be done pursuant to a seizure warrant issued on a showing, in addition to the showing of probable cause for the forfeiture of the subject property, that the subject property is not available for seizure for reasons described in section 809A.15, subsection 1, and that the value of the property to be seized is not greater than the total value of the subject property, or pursuant to a constructive seizure. If property of a defendant up to the total value of all interests in the subject property is not seized prior to final judgment in an action under this section, the remaining balance shall be ordered forfeited as a personal judgment against the defendant.
7. As used in this section, “facilitate” means to have a substantial connection between the property and the conduct giving rise to forfeiture.
96 Acts, ch 1133, §4; 98 Acts, ch 1074, §39, 40; 98 Acts, ch 1100, §87
Referred to in §809.15, 809A.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.5 - Exemptions.

809A.5 Exemptions.
1. All property, including all interests in property, described in section 809A.4 is subject to forfeiture, except that property is exempt from forfeiture if either of the following occurs:
a. The owner or interest holder acquired the property before or during the conduct giving rise to its forfeiture, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur, or acted reasonably to prevent the conduct giving rise to forfeiture.
b. The owner or interest holder acquired the property, including acquisition of proceeds of conduct giving rise to forfeiture, after the conduct giving rise to its forfeiture and acquired the property in good faith, for value and did not knowingly take part in an illegal transaction.
2. Notwithstanding subsection 1, property is not exempt from forfeiture, even though the owner or interest holder lacked knowledge or reason to know that the conduct giving rise to its forfeiture had occurred or was likely to occur, if any of the following exists:
a. The person whose conduct gave rise to its forfeiture had the authority to convey the property of the person claiming the exemption to a good faith purchaser for value at the time of the conduct.
b. The owner or interest holder is criminally responsible for the conduct giving rise to its forfeiture. If the forfeiture is for property valued at less than the minimum civil forfeiture amount, the owner or interest holder must also be convicted of the criminal offense for the conduct giving rise to forfeiture.
c. The owner or interest holder acquired the property with notice of its actual or constructive seizure for forfeiture under section 809A.6, or with reason to believe that it was subject to forfeiture.
96 Acts, ch 1133, §5; 2017 Acts, ch 114, §2, 15
Referred to in §809A.12, 809A.14
2017 amendment to subsection 2, paragraph b, applies to forfeiture proceedings that begin on or after July 1, 2017;
2017 Acts, ch 114, §15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 809A - FORFEITURE REFORM ACT › Section 809A.9 - Liens.

809A.9 Liens.
1. a. The prosecuting attorney may file, without a filing fee, a lien for the forfeiture of property if any of the following apply:
(1) Upon the initiation of any civil or criminal proceeding relating to conduct giving rise to forfeiture under this chapter.
(2) Upon seizure for forfeiture.
(3) In connection with a proceeding or seizure for forfeiture in any other state under a state or federal statute substantially similar to the relevant provisions of this chapter.
b. The filing constitutes notice to any person claiming an interest in the seized property or in property owned by the named person.
2. The lienor, as soon as practical, but not later than ten days, after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection shall not invalidate or otherwise affect the lien.
3. The lien notice shall set forth all of the following:
a. The name of the person and, in the discretion of the lienor, any aliases, or the name of any corporation, partnership, trust, or other entity, including nominees, that are owned entirely or in part, or controlled by the person.
b. The description of the seized property or the criminal or civil proceeding that has been brought relating to conduct giving rise to forfeiture under the chapter.
c. The amount claimed by the lienor.
d. The name of the district court where the proceeding or action has been brought.
e. The case number of the proceeding or action if known at the time of the filing of the lien.
4. The notice of forfeiture lien shall be filed in accordance with the provisions of the laws of this state relating to the type of property that is subject to the lien. The validity and priority of the forfeiture lien shall be determined in accordance with applicable law pertaining to liens.
5. A lien filed pursuant to this section applies to the described property or to one named person, any aliases, fictitious names, or other names, including the names of any corporation, partnership, trust, or other entity, owned entirely or in part, or controlled by the named person, and any interest in real property owned or controlled by the named person. A separate forfeiture lien shall be filed for each named person.
6. The lien notice creates, upon filing, a lien in favor of the lienor as it relates to the property or the named person or related entities. The lien secures the amount of potential liability for civil judgment, and, if applicable, the fair market value of property relating to all proceedings under this chapter enforcing the lien.
7. The lienor may amend or release, in whole or in part, a lien filed under this section at any time by filing, without a filing fee, an amended lien.
8. Upon entry of judgment in its favor, the state may proceed to execute on the lien as provided by law.
96 Acts, ch 1133, §9; 2013 Acts, ch 30, §261