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

Iowa Code § 804.24 (2026)

Arrests by private persons — disposition of prisoner

✓ current as of July 2026
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A private citizen who has arrested another for the commission of an offense must, without unnecessary delay, take the arrested person before a magistrate, or deliver the arrested person to a peace officer, who may take the arrested person before a magistrate, but the person making the arrest must also accompany the officer before the magistrate. [C51, §2842, 2849; R60, §4562 – 4564; C73, §4214-4216; C97, §5206; C24, 27, 31, 35, 39, §13478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.14; C79, 81, §804.24] Referred to in §815.8

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Notes of Decisions
Cited in 7 cases, 1996–2018 · leading case: State of Iowa v. Jeremy M. Werner, 919 N.W.2d 375 (Iowa 2018).
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State of Iowa v. Jeremy M. Werner, 919 N.W.2d 375 (Iowa 2018). · cites it 3× “§ 804.24 (requiring a private person who has arrested another to take the arrested person before a magistrate or to deliver the arrested person to a peace officer who may take the arrested person before a magistrate accompanied by the private person).”
Rife v. D.T. Corner, Inc., 641 N.W.2d 761 (Iowa 2002). · cites it 2× “Thus, the procedural requirements of section 804.24, requiring a private citizen to deliver an arrested person to a police officer or magistrate without unnecessary delay, were also satisfied.”
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). · cites it 2× “Moreover, DOT peace officers may make arrests for OWI if, in the performance of their regular duties, the offense is committed or attempted in the officer's presence, pursuant to the citizen arrest powers of Iowa Code section 804.”
State v. Lawler, 571 N.W.2d 486 (Iowa 1997). · cites it 2× “14, a person making an arrest “must inform the person to be arrested of the intention to arrest the person [and] the reason for arrest_” Section 804.24 requires that “[a] private citizen who has arrested another for the commission of an of *490 fense must, without unnecessary…”
State v. Gathercole, 553 N.W.2d 569 (Iowa 1996). · cites it 2× “10 (providing the standard to determine the appropriate force a private person is entitled to use when making an arrest); § 804.24 (providing the private person must deliver the arrestee to a peace officer or a magistrate without delay).”
State v. Watson, 795 N.W.2d 94 (Iowa Ct. App. 2011). · cites it 2× “11 or transferring arrested persons under section 804.24, sheriffs are entitled to the same fees as are allowed for the conveyance of persons to institutions under section 331.”
State of Iowa v. Jeremy M. Werner (Iowa 2018). · cites it 3× “§ 804.24 (requiring a private person who has arrested another to take the arrested person before a magistrate or to deliver the arrested person to a peace officer who may take the arrested person before a magistrate accompanied by the private person).”
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