Iowa Code
Iowa Code § 704.12 (2026)
Use of force in making an arrest
✓ current as of July 2026
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A peace officer or other person making an arrest or securing an arrested person may use such force as is permitted by sections 804.8, 804.10, 804.13 and 804.15. [C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §704.12]
\nNotes of Decisions
Cited in 4
cases (2 in the last 5 years), 1997–2026 · leading case: State v. Lawler, 571 N.W.2d 486 (Iowa 1997).
State v. Lawler, 571 N.W.2d 486 (Iowa 1997). “” Iowa Code § 704.12 (emphasis added). The inclusion of that provision in chapter 704 signifies its status as an affirmative defense.”
State v. McFarland, 598 N.W.2d 318 (Iowa Ct. App. 1999). “See Iowa Code §§ 704.12 , 804.10 (1997). Those circumstances are when “the person reasonably believes [force is] necessary to make the arrest or .”
Lisa Boggess, as Adm'r of the Est. of Brent Boggess, & as next friend to minors Z.B. & J.B., Drake L. Boggess, individually, & Kim Buttshaw, individually v. City of Waterloo & Kenneth Schaff (Iowa 2026). “The plaintiffs’ fifth amended petition alleged Iowa common law claims for assault (count I), battery (count II), and a third claim entitled “Wrongful Use of Deadly Force by a Law Enforcement Officer as Expressly Provided by Statute” (count III), which cited Iowa Code §§ 704.12…”
State of Iowa v. Michael Lang (Iowa Ct. App. 2024). “Iowa Code § 704.12 . Those provide, “A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest.”
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