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

1. Navigation violations. a. For violations of registration, inspections, identification, and record provisions under sections 462A.5 , 462A.35 , and 462A.37 , and for unused or improper or defective lights and warning devices under section 462A.9, subsections 3, 4, 5, 9, and 10 …

1. Energy emergency violations. For violations of an executive order issued by the governor under the provisions of section 473.8 , the scheduled fine is seventy dollars. 2. Alcoholic beverage violations. For violations of section 123.49, subsection 2 , paragraph “h” , the schedu…

1. In cases of scheduled violations, the defendant, before the time specified in the citation and complaint for appearance before the court, may sign the admission of violation on the citation and complaint and deliver or mail a copy of the citation and complaint, together with t…

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 pers…

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 …

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 ]

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 ]

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 suspec…

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 ]

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…

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 …

The summons for the appearance of a corporation shall be served in the manner provided for service of original notice upon a corporation in a civil action. [C79, 81, §807.3 ]

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 a…

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, mus…

When a corporation is convicted of an offense and the court imposes a fine as penalty, it may be collected in the same manner as a judgment in a civil action. [C79, 81, §807.6 ]

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 ]

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, submitted in person or by electronic submission before any person authorized to administer oat…

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 seriou…

The magistrate who has issued a search warrant shall attach to the warrant a copy of the return, inventory, if the inventory has not already been filed with the clerk of the district court, and all other documents in connection therewith and shall file them with the clerk of the …

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 a…

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 …

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 expres…

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…

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 was…

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 o…

1. a. 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 granti…

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, o…

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, informatio…

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 ma…

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 vehic…

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 sub…

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…

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…

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…

1. The school board of each public school and the authorities in charge of each nonpublic school shall establish and may search a student or protected student area pursuant to a student search rule. The student search rule shall be published in each public school’s and each nonpu…

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 polic…

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

As used in this chapter , unless the context otherwise requires: 1. “Aggrieved person” means a person who was a party to an intercepted wire, oral, or electronic communication or a person against whom the interception was directed. 2. “Contents” , when used with respect to a wire…

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 ma…

1. An application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device shall be made in writing by a prosecuting attorney upon oath or affirmation to a district court. Only a special state agent ma…

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…

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 furnis…

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.…

1. Except as otherwise specifically provided in this chapter , a person who does any of the following commits a class “D” felony: a. Willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, a wire, oral, or electronic commu…

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 ap…

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 inves…