Iowa Code 804.7 – Arrests by peace officers
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Terms Used In Iowa Code 804.7
- Arrest: Taking physical custody of a person by lawful authority.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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.
- 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
- 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
804.7 Arrests by peace officers.
1. A peace officer may make an arrest under any of the following circumstances:
a. For a public offense committed or attempted in the peace officer’s presence.
b. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it.
c. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it.
d. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge.
e. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in § 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.
f. As required by § 236.12, subsection 2.
2. A peace officer, as defined in § 801.4, shall have the authority to make an arrest pursuant to subsection 1 anywhere within the state. However, a peace officer shall not establish routine patrol outside of the jurisdiction of the peace officer’s employing agency.
[C51, §2840; R60, §4547, 4548; C73, §4199, 4200; C97, §5196; C24, 27, 31, 35, 39, §13468;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.4; C79, 81, §804.7]
85 Acts, ch 175, §12; 86 Acts, ch 1179, §7; 2023 Acts, ch 42, §7
Referred to in §28J.7, 804.7A, 805.9
Section amended
1. A peace officer may make an arrest under any of the following circumstances:
a. For a public offense committed or attempted in the peace officer’s presence.
b. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it.
c. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it.
d. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge.
e. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in § 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it.
f. As required by § 236.12, subsection 2.
2. A peace officer, as defined in § 801.4, shall have the authority to make an arrest pursuant to subsection 1 anywhere within the state. However, a peace officer shall not establish routine patrol outside of the jurisdiction of the peace officer’s employing agency.
[C51, §2840; R60, §4547, 4548; C73, §4199, 4200; C97, §5196; C24, 27, 31, 35, 39, §13468;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.4; C79, 81, §804.7]
85 Acts, ch 175, §12; 86 Acts, ch 1179, §7; 2023 Acts, ch 42, §7
Referred to in §28J.7, 804.7A, 805.9
Section amended