Iowa Code § 704.2B
Use of deadly force — duties — evidence
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1. If a person uses deadly force, the person shall notify or cause another to notify a law enforcement agency about the person’s use of deadly force within a reasonable time period after the person’s use of the deadly force, if the person or another person is capable of providing such notification. 2. The person using deadly force shall not intentionally destroy, alter, conceal, or disguise physical evidence relating to the person’s use of deadly force, and the person shall not intentionally intimidate witnesses into refusing to cooperate with any investigation relating to the use of such deadly force or induce another person to alter testimony about the use of such deadly force. 2017 Acts, ch 69, §40
\nNotes of Decisions
Cited in 5
cases (3 in the last 5 years), 2020–2024 · leading case: State of Iowa v. Levi Gibbs III
State of Iowa v. Levi Gibbs III (2020)
“Over the defendant’s objection, the district court gave a jury instruction incorporating the terms of Iowa Code section 704.2B. Thus, the instruction included a statement that “[a] person using deadly force is required to notify or cause another to notify a law enforcement…”
State of Iowa v. Diavantae Stepphon Davis (2022)
“Because section 704.2B and instruction no. 28A are substantively identical, the instruction is a correct statement of law.”
State of Iowa v. Deonte WB Ellison (2023)
“Yet whatever misgivings we might continue to harbor about these section 704.2B instructions, Ellison never raised—either in the district court or on appeal—any objection to the instruction on any basis other than Fifth Amendment grounds.”
State of Iowa v. Danielle Shante Weiner (2024)
“Because Weiner failed to raise her constitutional arguments before the district court, she has not preserved error on those issues, and we will only address the objection she made at trial and renewed on appeal—the objection to instruction number 36 citing potential jury…”
State of Iowa v. Quarzone Erikey Martin (2020)
“He contends the trial court erred in instructing the jury with respect to Iowa Code section 704.2B (2017) and abused its discretion in excluding evidence of the decedent’s violent character and denying his motion for mistrial.”
— Iowa Code § 704.2B(1) — 3 cases
State of Iowa v. Levi Gibbs III (2020)
“Over the defendant’s objection, the district court gave a jury instruction incorporating the terms of Iowa Code section 704.2B. Thus, the instruction included a statement that “[a] person using deadly force is required to notify or cause another to notify a law enforcement…”
State of Iowa v. Deonte WB Ellison (2023)
“Yet whatever misgivings we might continue to harbor about these section 704.2B instructions, Ellison never raised—either in the district court or on appeal—any objection to the instruction on any basis other than Fifth Amendment grounds.”
State of Iowa v. Diavantae Stepphon Davis (2022)
“Because section 704.2B and instruction no. 28A are substantively identical, the instruction is a correct statement of law.”
— Iowa Code § 704.2B(2) — 4 cases
State of Iowa v. Diavantae Stepphon Davis (2022)
“Because section 704.2B and instruction no. 28A are substantively identical, the instruction is a correct statement of law.”
State of Iowa v. Danielle Shante Weiner (2024)
“Because Weiner failed to raise her constitutional arguments before the district court, she has not preserved error on those issues, and we will only address the objection she made at trial and renewed on appeal—the objection to instruction number 36 citing potential jury…”
State of Iowa v. Deonte WB Ellison (2023)
“Yet whatever misgivings we might continue to harbor about these section 704.2B instructions, Ellison never raised—either in the district court or on appeal—any objection to the instruction on any basis other than Fifth Amendment grounds.”
State of Iowa v. Levi Gibbs III (2020)
“Over the defendant’s objection, the district court gave a jury instruction incorporating the terms of Iowa Code section 704.2B. Thus, the instruction included a statement that “[a] person using deadly force is required to notify or cause another to notify a law enforcement…”
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