Iowa Code 804.11 – Arrest of material witness
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Terms Used In Iowa Code 804.11
- 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
- Subpoena: A command to a witness to appear and give testimony.
804.11 Arrest of material witness.
1. When a law enforcement officer has probable cause to believe that a person is a
necessary and material witness to a felony and that such person might be unavailable for service of a subpoena, the officer may arrest such person as a material witness with or without an arrest warrant.
2. At the time of the arrest, the law enforcement officer shall inform the person of:
a. The officer’s identity as a law enforcement officer.
b. The reason for the arrest which is that the person is believed to be a material witness to an identified felony and that the person might be unavailable for service of a subpoena.
[C51, §2876 – 2879; R60, §4601 – 4604; C73, §4248 – 4251; C97, §5232 – 5235; C24, 27, 31, 35,
39, §13547 – 13550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §761.21 – 761.24; C79, 81, §804.11]
2013 Acts, ch 90, §239
Referred to in §804.23
Fees to material witnesses, §815.6
1. When a law enforcement officer has probable cause to believe that a person is a
necessary and material witness to a felony and that such person might be unavailable for service of a subpoena, the officer may arrest such person as a material witness with or without an arrest warrant.
2. At the time of the arrest, the law enforcement officer shall inform the person of:
a. The officer’s identity as a law enforcement officer.
b. The reason for the arrest which is that the person is believed to be a material witness to an identified felony and that the person might be unavailable for service of a subpoena.
[C51, §2876 – 2879; R60, §4601 – 4604; C73, §4248 – 4251; C97, §5232 – 5235; C24, 27, 31, 35,
39, §13547 – 13550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §761.21 – 761.24; C79, 81, §804.11]
2013 Acts, ch 90, §239
Referred to in §804.23
Fees to material witnesses, §815.6