Iowa Code 804.23 – Initial appearance of arrested material witness before magistrate
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 804.23
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- 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.
804.23 Initial appearance of arrested material witness before magistrate.
1. The officer shall, without unnecessary delay, take the person arrested pursuant to
section 804.11 before the nearest or most accessible magistrate to the place where the arrest occurred.
2. At the appearance before the magistrate, the law enforcement officer shall make a showing to the magistrate, by sworn affidavit, that probable cause exists 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 magistrate may order the person released pursuant to § 811.2.
[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, §804.23]
2018 Acts, ch 1041, §127
Referred to in §804.21
Proceedings before magistrate, see R.Cr.P. 2.2
1. The officer shall, without unnecessary delay, take the person arrested pursuant to
section 804.11 before the nearest or most accessible magistrate to the place where the arrest occurred.
2. At the appearance before the magistrate, the law enforcement officer shall make a showing to the magistrate, by sworn affidavit, that probable cause exists 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 magistrate may order the person released pursuant to § 811.2.
[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, §804.23]
2018 Acts, ch 1041, §127
Referred to in §804.21
Proceedings before magistrate, see R.Cr.P. 2.2