Iowa Code 80.9A – Authority and duties of peace officers of the department
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1. A peace officer of the department when authorized by the commissioner shall have and exercise all the powers of any other peace officer of the state.
Terms Used In Iowa Code 80.9A
- Arrest: Taking physical custody of a person by lawful authority.
- Commissioner: means the commissioner of public safety. See Iowa Code 80.1A
- Department: means the department of public safety. See Iowa Code 80.1A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Peace officer: means a peace officer of the department as defined in section 97A. See Iowa Code 80.1A
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. When a peace officer of the department is acting in cooperation with any other local peace officer, or county attorney in general criminal investigation work, or when acting on a special assignment by the commissioner, the jurisdiction of the peace officer is statewide.
3. A peace officer may administer oaths, acknowledge signatures, and take voluntary testimony pursuant to the peace officer’s duties as provided by law.
4. An authorized peace officer of the department designated to conduct examinations, investigations, or inspections and enforce the laws relating to controlled or counterfeit substances shall have all the authority of other peace officers and may arrest a person without warrant for offenses under this chapter committed in the peace officer’s presence or, in the case of a felony, if the peace officer has probable cause to believe that the person arrested has committed or is committing such offense. A peace officer of the department shall have the same authority as other peace officers to seize controlled or counterfeit substances or articles used in the manufacture or sale of controlled or counterfeit substances which they have reasonable grounds to believe are in violation of law. Such controlled or counterfeit substances or articles shall be subject to forfeiture.
5. In more particular, the duties of a peace officer shall be as follows:
a. To enforce all state laws.
b. To enforce all laws relating to traffic on the public highways of the state, including those relating to the safe and legal operation of passenger cars, motorcycles, motor trucks and buses; to see that proper safety rules are observed; and to give first aid to the injured.
c. To investigate all fires; to apprehend persons suspected of arson; to enforce all safety measures in connection with the prevention of fires; and to disseminate fire-prevention education.
6. A peace officer of the department shall not exercise the general powers of a peace officer within the limits of any city, except as follows:
a. When so ordered by the direction of the governor.
b. When request is made by the mayor of any city, with the approval of the commissioner.
c. When request is made by the sheriff or county attorney of any county with the approval of the commissioner.
d. While in the pursuit of law violators or in investigating law violations.
e. While making any inspection provided by this chapter, or any additional inspection ordered by the commissioner.
f. When engaged in the investigating and enforcing of fire and arson laws.
g. When engaged in the investigation and enforcement of laws relating to narcotic, counterfeit, stimulant, and depressant drugs.
h. When engaged in the investigation of crimes and the enforcement of laws relating to cyber-crime.
7. The limitations specified in subsection 6 shall in no way be construed as a limitation on the power of peace officers when a public offense is being committed in their presence.
8. a. A peace officer of the department, when authorized by the commissioner, may act in concert with, under the direction of, or otherwise serve as a state actor for an officer or agent of the federal government.
b. If serving as a state actor for an officer or agent of the federal government as provided in paragraph “a”, the peace officer shall be considered acting within the scope of the employee’s office or employment as defined in section 669.2, subsection 1.