Iowa Code » Chapter 804 — COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS
Iowa Code

Iowa Code § 804.12 (2026)

Use of force in resisting arrest

✓ current as of July 2026
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A person is not authorized to use force to resist an arrest, either of the person’s self, or another which the person knows is being made either by a peace officer or by a private person summoned and directed by a peace officer to make the arrest, even if the person believes that the arrest is unlawful or the arrest is in fact unlawful. [C51, §2669; R60, §4296; C73, §3960; C97, §4899; C24, 27, 31, 35, 39, §13331; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §742.1; C79, 81, §804.12]

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Notes of Decisions
Cited in 23 cases (4 in the last 5 years), 1978–2024 · leading case: State v. Bedard, 668 N.W.2d 598 (Iowa 2003).
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State v. Bedard, 668 N.W.2d 598 (Iowa 2003). · cites it 6× “…to make the arrest, even if the person believes that the arrest is unlawful or the arrest is in fact unlawful. Iowa Code § 804.12 (2001).”
Rhiner v. City of Clive, 373 N.W.2d 466 (Iowa 1985). · cites it 8× “Iowa Code § 804.12 (1979). Thereafter, this court in State v.”
State v. Wiegmann, 714 A.2d 841 (Md. 1998). · cites it 2× “5/7-7 (West 1993); Iowa Code Ann. § 804.12 (West 1994); Kan.”
State v. Thomas, 262 N.W.2d 607 (Iowa 1978). · cites it 2× “” The Iowa legislature recently joined these ranks by enacting, as part of its massive criminal code revision, § 804.12 Supplement to The Code 1977, which provides: “A person is not authorized to use force to resist an arrest, either of himself, herself, or another which the…”
United States v. Eugene L. Dawdy, 46 F.3d 1427 (8th Cir. 1995). “See Iowa Code Ann. § 804.12 (West 1994) (stating that a person is not authorized to use force to resist an arrest .”
Glenn v. State, 849 S.E.2d 409 (Ga. 2020). “Penal Code § 834a; Iowa Code Ann. § 804.12 ; Kan. Stat. Ann.”
State v. Dawdy, 533 N.W.2d 551 (Iowa 1995). · cites it 2× “See Iowa Code Ann. § 804.12 (West 1994) *556 (stating that a person is not authorized to use force to resist an arrest .”
State v. Valentine, 935 P.2d 1294 (Wash. 1997). “720, 5/7-7 (Smith-Hurd 1993); Iowa Code Ann. § 804.12 (West 1994); Mont.”
Commonwealth v. Moreira, 447 N.E.2d 1224 (Mass. 1983). “38, § 7-7 (Smith-Hurd 1972); Iowa Code § 804.12 (1980); Mont. Code Ann.”
Brown v. City of Oklahoma City, 721 P.2d 1346 (Okla. Civ. App. 1986). · cites it 2× “38, § 7-7 (Smith-Hurd 1972); Iowa Code § 804.12 (1980); Mont.Code Ann.”
Glover v. State, 594 A.2d 1224 (Md. Ct. Spec. App. 1991). “38, § 7-7 (Smith-Hurd 1972); Iowa Code § 804.12 (1980) (common law holding codified); Mont.”
McElree v. City of Cedar Rapids, 372 F. Supp. 3d 770 (N.D. Iowa 2019). “"); see also Iowa Code 804.12 ("A person is not authorized to use force to resist an arrest .”
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