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, […]
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. […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
