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

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 …

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 th…

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

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

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 depa…

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 o…

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 dir…

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…

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…

1. Seized property shall be returned to the owner if the property is no longer required as evidence or the property has been photographed and the photograph will be used as evidence in lieu of the property, if the property is no longer required for use in an investigation, if the…

As used in this chapter : 1. “Convicted” or “conviction” includes a finding of guilt, a plea of guilty, deferred judgment, deferred or suspended sentence, adjudication of delinquency, or circumstances where a person is not charged with a criminal offense that is a serious or aggr…

1. Except as provided in subsection 2 , a trustee, constructive or otherwise, who has notice that a notice of forfeiture lien, or a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the pers…

1. Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section . The claim shall be mailed to the seizing agency and to the prosecuting attorney by restricted certified mail or other service which …

1. A judicial forfeiture proceeding under this chapter is subject to the provisions of this section . 2. The court, before or after the filing of a notice of pending forfeiture or complaint and on application of the prosecuting attorney, may do any of the following: a. Enter a re…

1. If the total value of the property seized for forfeiture is less than the minimum civil forfeiture amount, a judicial forfeiture proceeding shall not be brought unless one of the following applies: a. The conduct giving rise to forfeiture resulted in a conviction. b. The prope…

1. Property shall not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is grossly disproportionate to the severity of the offense. 2. Contraband and any proceeds obtained from the offense are not subject to proportionali…

1. A judicial in rem forfeiture proceeding may be brought by the prosecuting attorney in addition to, or in lieu of, civil in personam forfeiture procedures, and is also subject to the provisions of this section . If a forfeiture is authorized by this chapter , it shall be ordere…

1. A judicial in personam forfeiture proceeding brought by a prosecuting attorney pursuant to an in personam civil action alleging conduct giving rise to forfeiture is subject to the provisions of this section . If a forfeiture is authorized by this chapter , it shall be ordered …

1. The court shall order the forfeiture of any other property of a person, including a claimant, up to the value of that person’s property found by the court to be subject to forfeiture under this chapter , if the prosecuting attorney proves by clear and convincing evidence that …

1. If notice of pending forfeiture is properly served in an action in rem or in personam in which personal property, having an estimated value of five thousand dollars or less, as established by affidavit provided by the prosecuting attorney, is seized, and no claim opposing forf…

1. A person having control over forfeited property shall communicate that fact to the attorney general or the attorney general’s designee. 2. Forfeited property not needed as evidence in a criminal case shall be delivered to the department of justice, or, upon written authorizati…

1. A prosecuting attorney may conduct an investigation of any conduct that gives rise to forfeiture. The prosecuting attorney is authorized, before the commencement of a proceeding or action under this chapter , to subpoena witnesses, and compel their attendance, examine them und…

1. Each law enforcement agency that has custody of any property that is subject to this chapter shall adopt and comply with a written internal control policy that does all of the following: a. Provides for keeping detailed records as to the amount of property acquired by the agen…

1. If a person is or may be called to produce evidence at a deposition, hearing, or trial under this chapter or at an investigation brought by the prosecuting attorney under section 809A.18 , the district court in which the deposition, hearing, trial, or investigation is or may b…

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 add…

A civil action under this chapter shall be commenced within five years after the last conduct giving rise to forfeiture or the cause of action becomes known or should have become known, excluding any time during which either the property or defendant is out of the state or in con…

Controlled substances included in chapter 124 which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this chapter an order forfeiting any controlled substance involved in the con…

A person claiming an interest in property subject to forfeiture shall not commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this chapter . 96 Acts, ch 1133, §22

The provisions of this chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this chapter shall be supplemental and not mutually exclusive. The civil remedies do not preclude and are not precluded by any other provision of law. 96 Acts, ch…

1. The provisions of this chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting this law. 2. The attorney general may enter into reciprocal agreements with the attorney ge…

The attorney general shall adopt, amend, or repeal rules pursuant to chapter 17A to carry out the provisions of this chapter . 96 Acts, ch 1133, §25

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 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 acqu…

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 …

1. A peace officer may seize property for forfeiture upon process issued by any district judge, district associate judge, or magistrate. The court may issue a seizure warrant on an affidavit under oath demonstrating that probable cause exists for its forfeiture or that the proper…

1. Property seized for forfeiture under this chapter is not subject to alienation, conveyance, sequestration, attachment, or an application for return of seized property under chapter 809 . 2. The seizing agency or the prosecuting attorney may authorize the release of the seizure…

1. Forfeiture proceedings shall be commenced as follows: a. Property seized for forfeiture shall be released on the request of an owner or interest holder to the owner’s or interest holder’s custody, as custodian for the court, pending further proceedings pursuant to this chapter…

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 …

As used in this chapter , the term “nontestimonial identification” includes, but is not limited to, identification by fingerprints, palm prints, footprints, measurements, hair strands, handwriting samples, voice samples, photographs, blood and saliva samples, ultraviolet or black…

On motion of the person named or described in the application, the issuing court shall vacate the nontestimonial identification order if the court finds that the order was improperly issued or that there are no longer sufficient grounds for issuance of the order. [ 81 Acts, ch 20…

The order issued pursuant to this chapter shall be served by a law enforcement officer by delivery of a copy of the order to the person named or described in the order. [ 81 Acts, ch 206, §10 ]

1. The nontestimonial identification order shall be served upon the person named or described in the order within five days after its issuance, excluding Saturdays, Sundays, and legal holidays, between the hours of 8:00 a.m. and 12:00 midnight, and shall be so served not later th…

Nontestimonial identification procedures may be conducted by any law enforcement officer or other person designated by the judge. The judge may require medical supervision for any test ordered pursuant to this chapter when the judge deems such supervision necessary. A person who …

Any person who, without adequate excuse, fails to comply with a nontestimonial identification order served upon the person pursuant to this chapter may be held in contempt of the court which issued the order. [ 81 Acts, ch 206, §13 ]

Within ten days after the nontestimonial identification procedure, the order shall be returned to the issuing court. The court, the prosecuting attorney, and the person who was the subject of the order, shall be furnished with a written report of the results of any tests or compa…

If at the time of the return probable cause does not exist to believe that the person committed the felony specified in the application, the court shall order that the products of the nontestimonial identification procedures and all copies thereof, be promptly destroyed. Upon mot…