Iowa Code 804.10 – Use of force in arrest by private person
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Terms Used In Iowa Code 804.10
- Arrest: Taking physical custody of a person by lawful authority.
- 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
804.10 Use of force in arrest by private person.
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 any person.
2. A private person who is summoned or directed by a peace officer to assist in making an arrest may use whatever force the peace officer could use under the circumstances, provided that, if the arrest is unlawful, the private person assisting the officer shall be justified as if the arrest were a lawful arrest, unless the person knows that the arrest is unlawful.
[C79, 81, §804.10]
2018 Acts, ch 1041, §127
Referred to in §704.12
Reasonable or deadly force, see chapter 704
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 any person.
2. A private person who is summoned or directed by a peace officer to assist in making an arrest may use whatever force the peace officer could use under the circumstances, provided that, if the arrest is unlawful, the private person assisting the officer shall be justified as if the arrest were a lawful arrest, unless the person knows that the arrest is unlawful.
[C79, 81, §804.10]
2018 Acts, ch 1041, §127
Referred to in §704.12
Reasonable or deadly force, see chapter 704