Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

1. The court, in the case of a juvenile who is alleged to have committed a criminal offense listed in section 232.8, subsection 1 , paragraph “c” , may direct a juvenile court officer to provide a report regarding whether the child should be transferred to juvenile court for adju…

1. A criminal proceeding may be commenced by the filing of a complaint before a magistrate. When such complaint is made, charging the commission of some designated public offense in which such magistrate has jurisdiction, and it appears from the complaint or from affidavits filed…

1. A private person who makes or assists another private person in making a lawful arrest is justified in using any force which the person reasonably believes to be necessary to make the arrest or which the person reasonably believes to be necessary to prevent serious injury to a…

1. When a law enforcement officer has probable cause 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 officer may arrest such person as a material witness with or without an arrest wa…

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…

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 pers…

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,…

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 ma…

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 ]

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, 8…

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…

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…

The warrant must be directed to any peace officer in the state; give the name of the defendant, if known to the magistrate; if unknown, may designate “name unknown”; and must state by name or general description an offense which authorizes a warrant to issue, the date of issuing …

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 f…

1. A person arrested in obedience to a warrant shall be taken without unnecessary delay before the nearest or most accessible magistrate. The officer shall at the same time deliver to the magistrate the warrant with the officer’s return endorsed on it and subscribed by the office…

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 gro…

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 showi…

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 makin…

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 disch…

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 o…

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 …

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 in…

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 ha…

If the offense stated in the warrant be bailable, the magistrate issuing it must make an endorsement thereon as follows: Let the defendant, when arrested, be (admitted to bail in the sum of ............ dollars) or (stating other conditions of release). [R60, §4537; C73, §4189; C…

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…

1. When a person is detained for questioning or arrested for an alleged violation of a law or ordinance and there is reason to believe that the person is deaf or hard of hearing, the peace officer making the arrest or taking the person into custody or any other officer detaining …

The warrant may be delivered to any peace officer for execution, and served in any county in the state. [R60, §4538; C73, §4190; C97, §5186; C24, 27, 31, 35, 39, § 13464; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §754.7; C79, 81, §804.4 ]

Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person’s submission to custody. [C51, §2837, 2838, 2850; R60, §4545, 4551, 4557 – 4559; C73, §4197, 4203, 4209 – 4211; C97, §5193, 5194; C24, 27, 31, 3…

An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace officer or by a private person as provided in this chapter . [R60, §4546; C73, §4198; C97, §5195; C24, 27, 31, 35, 39, § 13467; C46, 50, 54, 58, 62, 66, 71, 73,…

1. A peace officer may make an arrest under any of the following circumstances: a. For a public offense committed or attempted in the peace officer’s presence. b. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that th…

1. For purposes of this section , “federal law enforcement officer” means a person employed full time by the United States government who is empowered to effect an arrest with or without a warrant for a violation of the United States Code and who is authorized to carry a firearm …

1. For purposes of this section , “out-of-state peace officer” means a person employed full time as a peace officer by a state other than Iowa or a political subdivision of a state other than Iowa who is empowered to effect an arrest with or without a warrant under the laws of th…

1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehol…

A private person may make an arrest: 1. For a public offense committed or attempted in the person’s presence. 2. When a felony has been committed, and the person has reasonable ground for believing that the person to be arrested has committed it. [C51, §2846; R60, §4549; C73, §42…

1. Except for an offense for which an accused would not be eligible for bail under section 811.1 or a violation of section 708.11 , a peace officer having grounds to make an arrest may issue a citation in lieu of making an arrest without a warrant or, if a warrantless arrest has …

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 i…

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 …

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 Re…

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…

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 ext…

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. [C7…

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 , …

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

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 …

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 Cont…

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…