1. A person making an arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be the case, and require the person being arrested to submit to the person’s custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so.
2. If acting under the authority of a warrant, a law enforcement officer need not have the warrant in the officer’s possession at the time of the arrest, but, upon request, the officer shall show the warrant to the person being arrested as soon as possible. If the officer does not have the warrant in the officer’s possession at the time of arrest, the officer shall inform the person being arrested of the fact that a warrant has been issued. [C51, §2839, 2841, 2847; R60, §4552; C73, §4204; C97, §5199; C24, 27, 31, 35, 39, §13471; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.7; C79, 81, §804.14] 2013 Acts, ch 90, §209 \n
Notes of Decisions
State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017).
· cites it 38× “See Iowa Code § 804.14 . If the arrest is by warrant, the person making the arrest may also be required to show the person the warrant.”
State Of Iowa Vs. Jason Allen Wing, 791 N.W.2d 243 (Iowa 2010).
· cites it 21× “” Iowa Code § 804.14 . Given the broad range of contexts in which the arrest statutes are utilized, we think the notice requirement is designed to do just that—provide notice to an arrestee that he or she is being arrested unless the situation is such that it is obvious to the…”
Rife v. D.T. Corner, Inc., 641 N.W.2d 761 (Iowa 2002).
· cites it 11× “Iowa Code § 804.14 . Thus, no announcement is required if it would not be feasible under the circumstances.”
State v. Webb, 516 N.W.2d 824 (Iowa 1994).
· cites it 8× “See Iowa Code §§ 804.14 , 804.21. After a hearing on the matter, the district court denied Webb’s motion.”
State v. Breitbach, 488 N.W.2d 444 (Iowa 1992).
· cites it 6× “Iowa Code section 804.14 elaborates upon the proper manner for making an arrest: The person making the arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be…”
State v. Gathercole, 553 N.W.2d 569 (Iowa 1996).
· cites it 8× “22 (quoted above), as well as Utah's identical uniform-act provision, Utah Code § 77-30-22 (1953), makes it clear that an agent is not given any powers of arrest. We define an "arrest" in speedy-trial cases by our general law of arrest under Iowa Code chapter 804 because rule of…”
State v. Johnson-Hugi, 484 N.W.2d 599 (Iowa 1992).
· cites it 8× “14 defines the "manner of making arrest," in part, as follows: The person making the arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be the case, and…”
State v. Schmitt, 290 N.W.2d 24 (Iowa 1980).
· cites it 5× “” The manner of making an arrest is prescribed in section 804.14, Supplement to the Code 1977.”
State v. Rains, 574 N.W.2d 904 (Iowa 1998).
· cites it 4× “See Iowa Code § 804.14 ; Johnson-Hugi, 484 N.”
State v. Dennison, 571 N.W.2d 492 (Iowa 1997).
· cites it 4× “See Iowa Code § 804.14 ; Johnson-Hugi, 484 N.”
State v. Delockroy, 559 N.W.2d 43 (Iowa Ct. App. 1996).
· cites it 4× “” Iowa Code section 804.14 defines the manner of making an arrest to include: The person making an arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a *45 peace officer, if such be…”
State v. Miller, 818 N.W.2d 267 (Iowa Ct. App. 2012).
· cites it 4× “Section 804.14 provides the notifications required to make an arrest: The person making the arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be the case,…”
— Iowa Code § 804.14(1) — 3 cases
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