reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.12 - Use of force in resisting arrest.

804.12 Use of force in resisting arrest.
A person is not authorized to use force to resist an arrest, either of the person’s self, or another which the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful or the arrest is in fact unlawful.
[C51, §2669; R60, §4296; C73, §3960; C97, §4899; C24, 27, 31, 35, 39, §13331; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §742.1; C79, 81, §804.12]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.13 - Use of force in preventing an escape.

804.13 Use of force in preventing an escape.
A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person.
[C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §804.13]
Referred to in §704.12, 811.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.14 - Manner of making arrest — warrant.

804.14 Manner of making arrest — warrant.
1. A person making an arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be the case, and require the person being arrested to submit to the person’s custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so.
2. If acting under the authority of a warrant, a law enforcement officer need not have the warrant in the officer’s possession at the time of the arrest, but, upon request, the officer shall show the warrant to the person being arrested as soon as possible. If the officer does not have the warrant in the officer’s possession at the time of arrest, the officer shall inform the person being arrested of the fact that a warrant has been issued.
[C51, §2839, 2841, 2847; R60, §4552; C73, §4204; C97, §5199; C24, 27, 31, 35, 39, §13471; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.7; C79, 81, §804.14]
2013 Acts, ch 90, §209
Referred to in §811.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.15 - Breaking and entering premises — demand to enter.

804.15 Breaking and entering premises — demand to enter.
If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private premises, the officer may upon identifying the officer as such, demand that the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force as is reasonably necessary.
[C51, §2843, 2848; R60, §4554; C73, §4206; C97, §5201; C24, 27, 31, 35, 39, §13473; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.9; C79, 81, §804.15]
Referred to in §704.12, 811.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.16 - Time of arrest.

804.16 Time of arrest.
An arrest may be made on any day and at any time of the day or night.
[C51, §2837, 2850; R60, §4545, 4551; C73, §4197, 4203; C97, §5193; C24, 27, 31, 35, 39, §13465; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.1; C79, 81, §804.16]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.17 - Summoning aid.

804.17 Summoning aid.
Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest.
[R60, §4556; C73, §4208; C97, §5203; C24, 27, 31, 35, 39, §13475; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.11; C79, 81, §804.17]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.18 - Taking weapons.

804.18 Taking weapons.
Any person who makes an arrest may take from the person arrested all items which are capable of causing bodily harm which the arrested person may have within the arrested person’s control to be disposed of according to law.
[R60, §4560; C73, §4212; C97, §5204; C24, 27, 31, 35, 39, §13476; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.12; C79, 81, §804.18]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.19 - Receipt given.

804.19 Receipt given.
When money or other property is taken from the defendant arrested on a charge of a public offense, the officer taking it shall, at the time, give duplicate receipts therefor, specifying particularly the amount of money and the kind of property taken. The officer shall deliver one of the receipts to the defendant, and shall retain the other receipt with the defendant’s file.
[C79, 81, §804.19]
94 Acts, ch 1047, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.20 - Communications by arrested persons.

804.20 Communications by arrested persons.
Any peace officer or other person having custody of any person arrested or restrained of the person’s liberty for any reason whatever, shall permit that person, without unnecessary delay after arrival at the place of detention, to call, consult, and see a member of the person’s family or an attorney of the person’s choice, or both. Such person shall be permitted to make a reasonable number of telephone calls as may be required to secure an attorney. If a call is made, it shall be made in the presence of the person having custody of the one arrested or restrained. If such person is intoxicated, or a person under eighteen years of age, the call may be made by the person having custody. An attorney shall be permitted to see and consult confidentially with such person alone and in private at the jail or other place of custody without unreasonable delay. A violation of this section shall constitute a simple misdemeanor.
[C62, 66, 71, 73, 75, 77, §755.17; C79, 81, §804.20]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.22 - Initial appearance before magistrate — arrest without warrant.

804.22 Initial appearance before magistrate — arrest without warrant.
1. When an arrest is made without a warrant, the person arrested shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the judicial district in which such arrest was made or before a magistrate in an approved judicial district, and the grounds on which the arrest was made shall be stated to the magistrate by complaint, subscribed and sworn to by the complainant, or supported by the complainant’s affirmation, and such magistrate shall proceed as follows:
a. If the magistrate believes from such complaint that the offense charged is triable in the magistrate’s court, the magistrate shall proceed with the case.
b. If the magistrate believes from such complaint that the offense charged is triable in another court, the magistrate shall by written order, commit the person arrested to a peace officer, to be taken before the appropriate magistrate in the district in which the offense is triable, and shall fix the amount of bail or other conditions of release which the person arrested may give for the person’s appearance at the other court.
2. This section and the rules of criminal procedure do not affect the provisions of chapter 805 authorizing the release of a person on citation or bail prior to initial appearance, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine. The initial appearance of a person so released shall be scheduled for a time not more than thirty days after the date of release.
3. For purposes of this section, an “approved judicial district” means, as to any particular arrest of a person made without a warrant, any judicial district in this state in which the chief judge of that judicial district and the chief judge of the judicial district in which the arrest was made have previously entered an order permitting a person arrested without warrant to be taken to a magistrate from any judicial district subject to the order.
[R60, §4566, 4567, 4569; C73, §4218, 4219, 4221; C97, §5208, 5209, 5211; C24, 27, 31, 35, 39, §13488, 13489, 13492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §758.1, 758.2, 758.5; C79, 81, §804.22]
83 Acts, ch 50, §4, 7; 98 Acts, ch 1115, §19, 20; 2000 Acts, ch 1032, §5; 2005 Acts, ch 15, §8, 14; 2005 Acts, ch 174, §22, 25; 2013 Acts, ch 30, §218
Referred to in §804.21, 804.25
See
R.Cr.P. 2.2
,
2.51 – 2.62
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.23 - Initial appearance of arrested material witness before magistrate.

804.23 Initial appearance of arrested material witness before magistrate.
1. The officer shall, without unnecessary delay, take the person arrested pursuant to section 804.11 before the nearest or most accessible magistrate to the place where the arrest occurred.
2. At the appearance before the magistrate, the law enforcement officer shall make a showing to the magistrate, by sworn affidavit, that probable cause exists to believe that a person is a necessary and material witness to a felony and that such person might be unavailable for service of a subpoena. The magistrate may order the person released pursuant to section 811.2.
[C51, §2876 – 2879; R60, §4601 – 4604; C73, §4248 – 4251; C97, §5232 – 5235; C24, 27, 31, 35, 39, §13547 – 13550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §761.21 – 761.24; C79, 81, §804.23]
2018 Acts, ch 1041, §127
Referred to in §804.21
Proceedings before magistrate, see
R.Cr.P. 2.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.24 - Arrests by private persons — disposition of prisoner.

804.24 Arrests by private persons — disposition of prisoner.
A private citizen who has arrested another for the commission of an offense must, without unnecessary delay, take the arrested person before a magistrate, or deliver the arrested person to a peace officer, who may take the arrested person before a magistrate, but the person making the arrest must also accompany the officer before the magistrate.
[C51, §2842, 2849; R60, §4562 – 4564; C73, §4214-4216; C97, §5206; C24, 27, 31, 35, 39, §13478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.14; C79, 81, §804.24]
Referred to in §815.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.25 - Bail — discharge.

804.25 Bail — discharge.
Any magistrate who receives bail as provided for in sections 804.21, subsection 2, and 804.22, subsection 1, paragraph “b”, shall endorse, on the order of commitment or on the warrant, an order for the discharge from custody of the arrested person, who shall forthwith be discharged, and shall transmit by mail, or otherwise, as soon as it can be conveniently done, to the court at which the person is bound to appear, the affidavits, order of commitment or warrant, and discharge, together with the undertaking of bail.
[C51, §2833; R60, §4541, 4570; C73, §4193, 4222; C97, §5189, 5212; C24, 27, 31, 35, 39, §13483, 13493; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §757.4, 758.6; C79, 81, §804.25]
2013 Acts, ch 30, §254
See
R.Cr.P. 2.37
– Forms 2 and 3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.26 - Officer’s return.

804.26 Officer’s return.
In all cases, the peace officer, when the officer takes a person committed to the officer under an order as provided in this chapter before a magistrate, either for the purpose of giving bail, if bail be taken, or for trial or preliminary examination, must make a return on such order, and sign such return with the officer’s name of office, and deliver the same to the magistrate.
[R60, §4573; C73, §4225; C97, §5215; C24, 27, 31, 35, 39, §13496; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §758.9; C79, 81, §804.26]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.27 - Conveying prisoner to jail — fees and expenses.

804.27 Conveying prisoner to jail — fees and expenses.
Every officer or person who shall arrest anyone with a warrant or order issued by any court or officer, or who shall be required to convey a prisoner to such jail on an order of commitment, may be allowed the same fees and expenses as provided for in case of such services by the sheriff.
[C73, §3820; C97, §1292; C24, 27, 31, 35, 39, §13479; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.15; C79, 81, §804.27]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.28 - Department of public safety prisoners.

804.28 Department of public safety prisoners.
The sheriff of any county shall accept for custody in the county jail of the sheriff’s respective county any person handed over to the sheriff for safekeeping and lodging by any member of the department of public safety. The county shall not be liable for medical treatment for injuries incurred by a person before the person is transferred to the custody of the sheriff. Any expenses payable by the state pursuant to this section shall be paid out of any moneys in the state treasury not otherwise appropriated. The expenses shall be paid on claims filed with the department of administrative services.
[C39, §13479.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.16; C79, 81, §804.28]
98 Acts, ch 1086, §4; 2003 Acts, ch 145, §286
Referred to in §331.653, 356.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.29 - Confidentiality.

804.29 Confidentiality.
1. Unless otherwise ordered by the court, all information filed with the court for the purpose of securing a warrant for an arrest, including but not limited to a citation and affidavits, shall be a confidential record until such time as a peace officer has made the arrest and has made the officer’s return on the warrant, or the defendant has made an initial appearance in court. During the period of time that information is confidential, the record shall be sealed by the court and the information contained in the record shall not be disseminated to any person unless otherwise ordered by the court.
2. However, during the period of confidentiality in subsection 1, the information in the record may be disseminated, without court order, during the course of official duties to the following persons unless access to such information is expressly denied by court order:
a. A peace officer, or any other employee of a law enforcement agency if allowed access pursuant to section 692.14 and if authorized in writing by the head of the agency.
b. An employee of the county attorney’s office.
c. A judicial officer or other court employees.
d. 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.
e. A court-appointed attorney in a specific case where an arrest warrant has been issued but not served, provided the defendant is in custody and subject to a hold for that arrest warrant.
[C79, 81, §804.29]
2006 Acts, ch 1048, §1; 2012 Acts, ch 1075, §1; 2013 Acts, ch 4, §1; 2020 Acts, ch 1060, §1; 2021 Acts, ch 11, §3
Confidentiality of search warrant information, see §808.13
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS › Section 804.30 - Strip searches and visual strip searches of persons arrested for scheduled violations or simple misdemeanors.

804.30 Strip searches and visual strip searches of persons arrested for scheduled violations or simple misdemeanors.
1. a. A person arrested for a simple misdemeanor who is housed in the general population of a county jail or municipal holding facility may be subject to a visual strip search. Such a person may be subject to a strip search if there is probable cause to believe that the person is concealing a weapon or contraband and written authorization of the supervisor on duty is obtained.
b. (1) A person arrested for a simple misdemeanor who is not housed in the general population of a county jail or municipal holding facility shall not be subjected to either a strip search or a visual strip search unless there is probable cause to believe that the person is concealing a weapon or contraband, and written authorization of the supervisor on duty is obtained.
(2) A person arrested for a scheduled violation who is not housed in the general population of a county jail or municipal holding facility shall not be subject to either a strip search or a visual strip search unless there is probable cause to believe that the person is concealing a weapon or contraband, and a search warrant is obtained.
c. A strip search conducted pursuant to this section that involves the physical probing of a body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person.
2. Any person arrested for a scheduled violation or a simple misdemeanor may be subjected to a search probing the mouth, ears, or nose.
3. All searches conducted pursuant to this section shall be performed under sanitary conditions.
4. All searches conducted pursuant to this section, except for the probing of the mouth, ears, or nose, shall be conducted in a place where the search cannot be observed by persons not conducting the search.
5. All searches conducted pursuant to this section shall be conducted by a person of the same sex as the arrested person, except for the probing of the mouth, ears, or nose, unless the search is conducted by a physician.
6. Subsequent to a strip search pursuant to this section, a written report shall be prepared which includes the written authorization required by this section, the name of the person subjected to the search, the names of the persons conducting the search, the time, date, and place of the search, and a copy of the search warrant, if applicable authorizing the search. A copy of the report shall be provided to the person searched.
[C81, §804.30]
2013 Acts, ch 30, §219; 2015 Acts, ch 71, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.2 - Form.

805.2 Form.
The citation shall include the name and address of the person, the nature of the offense, the time and place at which the person is to appear in court, and the penalty for nonappearance.
[C73, 75, 77, §753.6; C79, 81, §805.2]
Referred to in §364.17, 805.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.3 - Procedure.

805.3 Procedure.
Before the cited person is released, the person shall sign the citation, either in a paper or electronic format, under penalty of providing false identification information under section 719.1A, properly identifying the person cited. The person’s signature shall also serve as a written promise to appear in court at the time and place specified. A copy of the citation shall be given to the person.
[C73, 75, 77, §753.7; C79, 81, §805.3]
95 Acts, ch 81, §1; 95 Acts, ch 118, §34; 2010 Acts, ch 1078, §3
Referred to in §364.17, 805.6
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.4 - Complaint.

805.4 Complaint.
The law enforcement officer issuing the citation shall cause to be filed a complaint in the court in which the cited person is required to appear, as soon as practicable, charging the crime stated in said notice.
[C73, 75, 77, §753.8; C79, 81, §805.4]
Referred to in §364.17
See §804.1;
R.Cr.P. 2.54 – 2.56
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.5 - Failure to appear.

805.5 Failure to appear.
Any person who willfully fails to appear in court as specified by the citation shall be guilty of a simple misdemeanor. Where a defendant fails to make a required court appearance, the court shall issue an arrest warrant for the offense of failure to appear, and shall forward the warrant and the original or electronically produced citation to the clerk. The clerk shall enter a transfer to the issuing agency on the docket, and shall return the warrant with the original or electronically produced citation attached to the law enforcement agency which issued the citation for enforcement of the warrant. Upon arrest of the defendant, the warrant and the original or electronically produced citation shall be returned to the court, and the offenses shall be heard and disposed of simultaneously.
[C73, 75, 77, §753.9; C79, 81, §805.5]
95 Acts, ch 118, §35; 96 Acts, ch 1034, §65
Referred to in §364.17, 602.8102(126)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.7 - Traffic and scheduled violations offices — fine collection boxes.

805.7 Traffic and scheduled violations offices — fine collection boxes.
1. Offices. Each district court clerk’s office shall constitute a traffic and scheduled violations office of the district court. Additional offices may be established at other locations, as needed, if authorized by the chief judge of the district.
2. Collection boxes. The chief judge of the district may permit the maintenance of locked collection boxes to be used at weigh stations and other locations where vehicles are inspected and weighed with portable scales. The boxes shall be used solely for the deposit of fines, costs, and guaranteed arrest bond certificates received for scheduled violations applicable to commercial carriers. The collection boxes shall remain locked at all times and shall be opened only by the clerk of the district court or the clerk’s designee. The chief judge of the district may prescribe procedures for the system and may discontinue its use if necessary.
[C73, 75, 77, §753.14; C79, 81, §805.7]
89 Acts, ch 296, §91
Referred to in §602.8102(127), 805.1, 805.8A(12)(e), 805.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.8 - Scheduled violations.

805.8 Scheduled violations.
1. Application. Except as otherwise indicated, violations of sections of the Code specified in sections 805.8A, 805.8B, and 805.8C are scheduled violations, and the scheduled fine for each of those violations is as provided in those sections, whether the violation is of state law or of a county or city ordinance. The crime services surcharge required by section 911.1 shall be added to the scheduled fine.
2. Description of violations. The descriptions of offenses used in sections 805.8A, 805.8B, and 805.8C are for convenience only and shall not be construed to define any offense or to include or exclude any offense other than those specifically included or excluded by reference to the Code. A reference to a section or subsection of the Code without further limitation includes every offense defined by that section or subsection.
[C73, 75, 77, §753.15; C79, 81, §805.8; 81 Acts, ch 49, §14, ch 103, §9, ch 109, §2, ch 110, §4; 82 Acts, ch 1028, §37 – 39, ch 1104, §26]
82 Acts, ch 1062, §33, 38; 83 Acts, ch 58, §2; 83 Acts, ch 125, §6 – 8; 84 Acts, ch 1016, §5; 84 Acts, ch 1174, §5; 84 Acts, ch 1219, §37; 85 Acts, ch 40, §5; 85 Acts, ch 195, §62; 86 Acts, ch 1007, §41; 86 Acts, ch 1116, §6; 86 Acts, ch 1221, §3; 87 Acts, ch 120, §9; 87 Acts, ch 170, §19; 87 Acts, ch 219, §6; 88 Acts, ch 1222, §11; 89 Acts, ch 84, §3; 89 Acts, ch 184, §2, 3; 89 Acts, ch 247, §19; 90 Acts, ch 1102, §2; 90 Acts, ch 1151, §9; 90 Acts, ch 1170, §6; 90 Acts, ch 1189, §4; 90 Acts, ch 1216, §1 – 4; 90 Acts, ch 1230, §94; 92 Acts, ch 1122, §3; 92 Acts, ch 1149, §3; 92 Acts, ch 1175, §40, 41; 92 Acts, ch 1216, §12; 92 Acts, ch 1231, §64; 93 Acts, ch 38, §3; 93 Acts, ch 47, §10 – 13; 93 Acts, ch 114, §3; 94 Acts, ch 1023, §121; 94 Acts, ch 1147, §2; 94 Acts, ch 1172, §60, 61; 95 Acts, ch 48, §22; 96 Acts, ch 1042, §2; 96 Acts, ch 1079, §20, 21; 96 Acts, ch 1090, §14 – 18; 97 Acts, ch 74, §4; 97 Acts, ch 104, §58, 59; 97 Acts, ch 108, §47, 48; 97 Acts, ch 126, §48; 97 Acts, ch 139, §15, 17 – 19; 97 Acts, ch 141, §2; 97 Acts, ch 147, §8, 9; 98 Acts, ch 1073, §9, 12; 98 Acts, ch 1075, §31; 98 Acts, ch 1100, §82 – 86; 98 Acts, ch 1112, §13, 16; 98 Acts, ch 1121, §7 – 9; 98 Acts, ch 1178, §14; 98 Acts, ch 1204, §4 – 6; 97 Acts, ch 139, §16, 19; 99 Acts, ch 13, §26; 99 Acts, ch 77, §3; 2000 Acts, ch 1016, §28; 2000 Acts, ch 1105, §10, 11; 2000 Acts, ch 1134, §6; 2000 Acts, ch 1203, §25 – 35; 2000 Acts, ch 1206, §6; 2001 Acts, ch 24, §61; 2001 Acts, ch 137, §1; 2004 Acts, ch 1111, §4; 2004 Acts, ch 1119, §6; 2020 Acts, ch 1074, §15, 93
Referred to in §232.8, 805.1, 805.8A(12)(e), 805.9, 805.15, 903.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.10 - Required court appearance.

805.10 Required court appearance.
1. Section 805.9 shall not apply to a scheduled violation in any of the following circumstances:
a. When the violation charged involved or resulted in a death or caused serious injury to person as defined under section 702.18.
b. When the violation charged involved or resulted in an accident or injury to property and based upon the violator’s driving record, or failure to pay any fine, surcharge, or court costs, or any other circumstances involving the accident, the officer determines a court appearance is necessary.
c. When the violation created an immediate threat to the safety of other persons or property because of highway conditions, visibility, traffic, repetition, or other circumstances.
d. When the violation charged involves the taking of an animal for which there is a civil damage assessment in addition to a criminal penalty.
2. In such cases, the defendant shall appear before the court and regular procedure shall apply. If an information is used, the officer shall endorse thereon, “Court appearance required”. If a citation and complaint is used, the officer shall strike out the space in which the defendant may admit the violation before a scheduled violations office and shall endorse thereon “Court appearance required” and the defendant shall appear before the court either in person or by attorney.
[C73, 75, 77, §753.17; C79, 81, §805.10]
83 Acts, ch 125, §9; 84 Acts, ch 1067, §50; 89 Acts, ch 296, §92; 90 Acts, ch 1216, §5; 98 Acts, ch 1178, §15; 2000 Acts, ch 1131, §4, 5; 2000 Acts, ch 1154, §42
Referred to in §805.1, 805.6, 805.8A(12)(e), 805.11, 805.13, 805.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.11 - Other penalties.

805.11 Other penalties.
If the defendant is convicted of a scheduled violation, the penalty is the scheduled fine, without suspension of the fine prescribed in section 805.8A, 805.8B, or 805.8C together with costs assessed and distributed as prescribed by section 602.8106, unless it appears from the evidence that the violation was of the type set forth in section 805.10, subsection 1, paragraph “a” or “c”, in which event the scheduled fine does not apply and the penalty shall be increased within the limits provided by law for the offense.
[C73, 75, 77, §753.18; C79, 81, §805.11; 82 Acts, ch 1104, §28]
83 Acts, ch 186, §10132, 10201; 85 Acts, ch 195, §64; 2000 Acts, ch 1154, §43; 2001 Acts, ch 137, §5
Referred to in §805.1, 805.8A(12)(e), 805.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.12 - Disposition of traffic fines and costs.

805.12 Disposition of traffic fines and costs.
Fines, forfeiture of bail, fees, and costs collected for all traffic violations, whether or not scheduled, and for all other scheduled violations shall be distributed in accordance with section 602.8106.
[C73, 75, 77, §753.19; C79, 81, §805.12]
83 Acts, ch 186, §10133, 10201
Referred to in §805.1, 805.8A(14)(f), 805.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.13 - Venue.

805.13 Venue.
1. Traffic violations, whether or not scheduled, and all other scheduled violations may be tried before the nearest magistrate in the judicial district in which the offense is committed, or if the offense occurred in a city which is located in two counties, the violation shall be tried as provided in section 803.3, subsection 5.
2. Upon written consent of the defendant and the officer issuing the citation, traffic violations, whether or not scheduled, and any other scheduled violations, other than those for which a court appearance is required under section 805.10 may be prosecuted in any county in the state irrespective of where committed, and in such event the documents in the case shall be sent to the court or traffic and scheduled violations office designated by the defendant and the officer.
[C73, 75, 77, §753.20; C79, 81, §805.13]
2003 Acts, ch 113, §3; 2004 Acts, ch 1041, §2
Referred to in §803.3, 805.1, 805.15
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.14 - Credit cards.

805.14 Credit cards.
Fines for scheduled traffic violations enumerated in section 805.8A may be paid by credit cards, as defined in section 537.1301, subsection 17, approved for that purpose by the commissioner of public safety. The commissioner shall enter agreements with financial institutions extending credit through the use of credit cards to insure reimbursement of the amount of the fine plus appropriate costs to the proper traffic violations office in the state. The commissioner shall adopt rules pursuant to chapter 17A to implement the provisions of this section.
[C77, §753.21; C79, 81, §805.14]
2001 Acts, ch 137, §5
Referred to in §805.1, 805.9, 805.15, 811.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.15 - Other citation forms.

805.15 Other citation forms.
The provisions of sections 321.485 through 321.487 shall govern with respect to offenses charged in the manner provided in section 321.485. The provisions of sections 805.6 through 805.14 shall govern with respect to offenses chargeable upon a uniform citation and complaint.
[C79, 81, §805.15]
2020 Acts, ch 1063, §380
Referred to in §805.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 805 - CITATIONS IN LIEU OF ARREST › Section 805.16 - Citations to persons under eighteen years of age — arrest — nonsecure custody.

805.16 Citations to persons under eighteen years of age — arrest — nonsecure custody.
1. Except as provided in subsection 2 of this section, a peace officer shall issue a police citation or uniform citation and complaint, in lieu of making a warrantless arrest, to a person under eighteen years of age accused of committing a simple misdemeanor under chapter 321, 321G, 321I, 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local ordinance not subject to the jurisdiction of the juvenile court, and shall not detain or confine the person in a facility regulated under chapter 356 or 356A.
2. A person under the age of eighteen who refuses to sign the citation without qualification, who persists in engaging in the conduct for which the citation was issued, who refuses to provide proper identification or to identify the person’s self, or who constitutes an immediate threat to the person’s own safety or the safety of the public may be arrested in the manner provided in subsection 3. In addition, or alternatively, the peace officer may require that person to surrender the person’s driver’s license as defined in section 321.1 until the time of the person’s initial court appearance. The peace officer shall immediately send the person’s driver’s license along with a copy of the unsigned citation indicating the juvenile’s refusal to sign to the clerk of the district court for the district in which the peace officer issued the citation.
3. a. A person arrested pursuant to subsection 2 shall only be arrested for the limited purpose of holding the person in nonsecure custody in an area not intended for secure detention while awaiting transfer to an appropriate juvenile facility or to court, for booking, for implied consent testing, for contacting and release to the person’s parents, or for other administrative purposes.
b. For purposes of this subsection, “nonsecure custody” means custody in an unlocked multipurpose area, such as a lobby, office, or interrogation room which is not designed, set aside, or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area, the person is physically accompanied by a peace officer or a person employed by the facility where the person arrested is being held, and the use of the area is limited to providing nonsecure custody only long enough for the purposes stated in paragraph “a” and not for a period of time in excess of six hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.
4. This section does not prohibit the execution of an arrest warrant by a peace officer.
88 Acts, ch 1167, §7; 90 Acts, ch 1230, §96; 92 Acts, ch 1160, §24; 97 Acts, ch 126, §49; 98 Acts, ch 1073, §9; 2004 Acts, ch 1132, §94; 2013 Acts, ch 30, §220
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 806 - UNIFORM FRESH PURSUIT LAW › Section 806.1 - Authority of officers from another state.

806.1 Authority of officers from another state.
Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.1; C79, 81, §806.1]
Referred to in §806.2, 806.3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 806 - UNIFORM FRESH PURSUIT LAW › Section 806.2 - Procedure following arrest.

806.2 Procedure following arrest.
If an arrest is made in this state by an officer of another state in accordance with the provisions of section 806.1, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit the person to bail for such purpose. If the magistrate determines that the arrest was unlawful the magistrate shall discharge the person arrested.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.2; C79, 81, §806.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 806 - UNIFORM FRESH PURSUIT LAW › Section 806.3 - Construction of statute.

806.3 Construction of statute.
Section 806.1 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.3; C79, 81, §806.3]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 806 - UNIFORM FRESH PURSUIT LAW › Section 806.4 - Officers from District of Columbia.

806.4 Officers from District of Columbia.
For the purpose of this chapter the word “state” shall include the District of Columbia.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.4; C79, 81, §806.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 806 - UNIFORM FRESH PURSUIT LAW › Section 806.5 - Definitions of terms.

806.5 Definitions of terms.
The term “fresh pursuit” as used in this chapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.5; C79, 81, §806.5]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 806 - UNIFORM FRESH PURSUIT LAW › Section 806.6 - Chapter title.

806.6 Chapter title.
This chapter may be cited as the “Uniform Act on Fresh Pursuit”.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.6; C79, 81, §806.6]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 807 - PROCEEDINGS AGAINST CORPORATIONS › Section 807.1 - Summons upon a complaint against a corporation, by whom issued, and when returnable.

807.1 Summons upon a complaint against a corporation, by whom issued, and when returnable.
Upon the filing of a complaint against a corporation, the magistrate shall issue a summons, signed by the magistrate, requiring the corporation to appear before the magistrate, at a specified time and place, to answer the charge, the time to be not less than twenty days after the issuing of the summons.
[C79, 81, §807.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 807 - PROCEEDINGS AGAINST CORPORATIONS › Section 807.2 - Form of the summons.

807.2 Form of the summons.
The summons may be in substantially the following form:
County of ........................ (as the case may be).
In the name of the people of the State of Iowa:
To the (naming the corporation).
You are hereby summoned to appear before me, at (naming the place) on (specifying the day and hour), to answer a charge made against you, upon the complaint of A.B., for (designating the offense, generally).
Dated at the city of ........................, the ............ day of ...................., ............
G.H. Magistrate
(or as the case may be).
[C79, 81, §807.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 807 - PROCEEDINGS AGAINST CORPORATIONS › Section 807.4 - Examination of the charge.

807.4 Examination of the charge.
At the time appointed in the summons, the magistrate shall proceed to investigate the charge, in the same manner as in the case of a natural person brought before the magistrate, so far as those proceedings are applicable. If the corporation does not appear or plead at the time and place specified in the summons, the court shall make inquiry into the service of process, and being satisfied that same has been carried out as provided herein, the court may proceed with the matter without further process.
[C79, 81, §807.4]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 807 - PROCEEDINGS AGAINST CORPORATIONS › Section 807.5 - Bringing an indicted corporation into court.

807.5 Bringing an indicted corporation into court.
When an indictment or a trial information is filed against any corporation, such corporation shall be arraigned thereon. Prior to arraignment the court shall proceed as follows:
1. The clerk of the court wherein such indictment is found or the information filed, or the judge, must issue a summons signed by the clerk or judge with the clerk’s or judge’s name of office, requiring such corporation to appear and plead to the indictment, at a time and place to be specified in such summons, such time to be not less than twenty days after the issue thereof. The summons may be substantially in the following form:
District Court, ........................ County.
The People of the State of Iowa vs. The A.B. Company,
You are hereby summoned to appear in this court at (naming the place) on (stating the day and hour), and plead to an indictment filed against you by the grand jury of this county, on the ............ day of ...................., charging you with the crime of (designating the offense, generally), and in case of your failure to so appear and answer, judgment will be pronounced against you.
Dated at the city of ........................, the ............ day of ...................., .............
C.D.,
Clerk of the District Court.
(or by order of the court)
2. The summons shall be served at least ten days before the appearance fixed therein, in the same manner as is provided for the service of an original notice upon a corporation in a civil action; and if the corporation does not appear or plead at the time and place specified in the summons, the court may proceed to trial and judgment without further process.
3. Nothing contained in this section shall be construed as preventing the appearance of a corporation by counsel to plead to an indictment, with or without the issuance or service of the summons provided herein. And when an indictment shall have been filed against a corporation it may voluntarily appear and plead to the same by counsel duly authorized to so appear for it.
[C79, 81, §807.5]
Referred to in §602.8102(128)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 807 - PROCEEDINGS AGAINST CORPORATIONS › Section 807.7 - Attachment.

807.7 Attachment.
Upon the filing of a complaint or indictment, the court wherein same is filed shall have authority to issue a writ of attachment to secure the maximum fine allowable by law for the offense charged, and costs.
[C79, 81, §807.7]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.1 - Definitions.

808.1 Definitions.
For purposes of this chapter, unless the context otherwise requires:
1. “Affidavit” means a written declaration or statement of fact made under oath, or legally sufficient affirmation, before any person authorized to administer oaths within or without the state.
2. “Search warrant” means an order in writing, in the name of the state, signed by a magistrate, and directed to a peace officer commanding the officer to search a person, premises, or thing, issued pursuant to the requirements of section 808.3, or to place, track, monitor, or remove a global positioning device, issued pursuant to the requirements of section 808.4A.
[C51, §3291; R60, §5024; C73, §4629; C97, §5545; C24, 27, 31, §13418; C35, §13441-g1; C39, §13441.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.1; C79, 81, §808.1]
2014 Acts, ch 1083, §1
See §622.85;
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, §2, 3, 9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.2 - Authorization.

808.2 Authorization.
A search warrant may be issued:
1. For property which has been obtained in violation of law.
2. For property, the possession of which is unlawful.
3. For property used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered.
4. For any other property relevant and material as evidence in a criminal prosecution.
[C51, §3292; R60, §5025; C73, §4630; C97, §5546; C24, 27, 31, §13419; C35, §13441-g3; C39, §13441.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.3; C79, 81, §808.2]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.3 - Application for search warrant.

808.3 Application for search warrant.
1. A person may make application for the issuance of a search warrant by submitting before a magistrate a written application, supported by the person’s oath or affirmation, which includes facts, information, and circumstances tending to establish sufficient grounds for granting the application, and probable cause for believing that the grounds exist. The application shall describe the person, place, or thing to be searched and the property to be seized with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing.
2. 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 information appear personally and be examined concerning the information.
[C51, §2722; R60, §1565, 4364; C73, §1544, 1545, 4027; C97, §2413, 2414, 4963; S13, §4965-b, 5007-a; SS15, §2413; C24, 27, 31, §1578, 1968, 1969, 13200, 13211; C35, §13441-g4; C39, §13441.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.4; C79, 81, §808.3]
85 Acts, ch 39, §1; 98 Acts, ch 1117, §1
Referred to in §321J.10, 462A.14D, 808.1
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, §4, 9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 808 - SEARCH AND SEIZURE › Section 808.4 - Issuance.

808.4 Issuance.
Upon a finding of probable cause for grounds to issue a search 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 peace officer forthwith to search the named person, place, or thing within the state for the property specified, and to bring any property seized before the magistrate.
[C51, §2722, 3294 – 3296; R60, §1565, 4364, 5027 – 5029; C73, §1544, 4027, 4632 – 4634; C97, §2413, 4963, 5548 – 5550; S13, §5007-a; SS15, §2413; C24, 27, 31, §1578, 1970, 13200, 13421, 13423; C35, §13441-g5; C39, §13441.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.5; C79, 81, §808.4]
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, §5, 9