Iowa Code

Iowa Code § 804.22 (2026)

Initial appearance before magistrate — arrest without warrant

✓ current as of July 2026

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1. When an arrest is made without a warrant, the person arrested shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the judicial district in which such arrest was made or before a magistrate in an approved judicial district, and the grounds on which the arrest was made shall be stated to the magistrate by complaint, subscribed and sworn to by the complainant, or supported by the complainant’s affirmation, and such magistrate shall proceed as follows: a. If the magistrate believes from such complaint that the offense charged is triable in the magistrate’s court, the magistrate shall proceed with the case. b. If the magistrate believes from such complaint that the offense charged is triable in another court, the magistrate shall by written order, commit the person arrested to a peace officer, to be taken before the appropriate magistrate in the district in which the offense is triable, and shall fix the amount of bail or other conditions of release which the person arrested may give for the person’s appearance at the other court. 2. This section and the rules of criminal procedure do not affect the provisions of chapter 805 authorizing the release of a person on citation or bail prior to initial appearance, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine. The initial appearance of a person so released shall be scheduled for a time not more than thirty days after the date of release. 3. For purposes of this section, an “approved judicial district” means, as to any particular arrest of a person made without a warrant, any judicial district in this state in which the chief judge of that judicial district and the chief judge of the judicial district in which the arrest\n\nTue Dec 09 21:54:27 2025 Iowa Code 2026, Chapter 804 (31, 0) §804.22, COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS 8\n\nwas made have previously entered an order permitting a person arrested without warrant to be taken to a magistrate from any judicial district subject to the order. [R60, §4566, 4567, 4569; C73, §4218, 4219, 4221; C97, §5208, 5209, 5211; C24, 27, 31, 35, 39, §13488, 13489, 13492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §758.1, 758.2, 758.5; C79, 81, §804.22] 83 Acts, ch 50, §4, 7; 98 Acts, ch 1115, §19, 20; 2000 Acts, ch 1032, §5; 2005 Acts, ch 15, §8, 14; 2005 Acts, ch 174, §22, 25; 2013 Acts, ch 30, §218 Referred to in §804.21, 804.25 Proceedings before magistrate, see R.Cr.P. 2.2

Notes of Decisions

Cited in 12 cases, 1982–2015 · leading case: Valadez v. City of Des Moines, 324 N.W.2d 475 (Iowa 1982).

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Valadez v. City of Des Moines, 324 N.W.2d 475 (Iowa 1982). · cites it 14× “” 3 Similarly, Iowa R.Crim.P. 2(1) provides in part: “An officer making an arrest with or without a warrant shall take the arrested person without unnecessary delay before a committing magistrate as provided by law.”

State Of Iowa Vs. Jason Allen Wing, 791 N.W.2d 243 (Iowa 2010). · cites it 2× “§ 804.22 (requiring a person placed under arrest to be brought before a magistrate without unnecessary delay).”

State v. Christopher, 757 N.W.2d 247 (Iowa 2008). · cites it 2× “” Iowa Code § 804.22 . Thus, “[i]f there is probable cause to arrest a person, then a search of the person arrested and the area within the person’s immediate control is lawful.”

State of Iowa v. John Penn-Kennedy, 862 N.W.2d 384 (Iowa 2015). “…without a warrant, the complaint must be filed with the magistrate in conjunction with the initial appearance. Id. § 804.22; see Iowa R.Crim. P. 2.2(1).”

Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “725, § 5/109-1 (Smith-Hurd 1992); Iowa Code Ann. § 804.22 (1993); Kan. Stat.”

Henley v. Iowa Dist. Court for Emmet Cnty., 533 N.W.2d 199 (Iowa 1995). · cites it 2× “See Iowa Code § 804.22 ; Iowa R.Crim.P. 1(2)(c); Woodbury County v.”

In re R.A.R., 464 N.W.2d 883 (Iowa 1991). “We conclude the type of commitment authority provided under this section relates only to criminal proceedings such as those referred to in Iowa Code sections 804.22 and 804.25-.27. A magistrate has only limited jurisdiction in hospitalization proceedings.”

Jenkins v. Chief Just. of the Dist. Court Dep't, 416 Mass. 221 (Mass. 1993). “1992); Iowa Code Ann. § 804.22 (1993); Kan. Stat.”

State Of Iowa Vs. Christopher Leon Christopher (Iowa 2008). · cites it 2× “” Iowa Code § 804.22 . Thus, “[i]f there is probable cause to arrest a person, then a search of the person arrested and the area within the person’s immediate control is lawful.”

Matter of Rar, 464 N.W.2d 883 (Iowa 1991). “We conclude the type of commitment authority provided under this section relates only to criminal proceedings such as those referred to in Iowa Code sections 804.22 and 804.25-.27. A magistrate has only limited jurisdiction in hospitalization proceedings.”

State of Iowa v. Patrick John Letscher (Iowa Ct. App. 2015). “21 (allowing for bail upon order of magistrate or judge); Iowa Code § 804.22 . In the initial appearance order, the magistrate set bail at $2000 12 cash only.”

Amended June 12, 2015 State of Iowa v. John Penn-Kennedy (Iowa 2015). “§ 804.22; see Iowa R. Crim. P. 2.2(1). 8 court may order imprisonment not to exceed thirty days .”

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