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

Iowa Code § 804.5 (2026)

Arrest defined

✓ current as of July 2026
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Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person’s submission to custody. [C51, §2837, 2838, 2850; R60, §4545, 4551, 4557 – 4559; C73, §4197, 4203, 4209 – 4211; C97, §5193, 5194; C24, 27, 31, 35, 39, §13465, 13466; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.1, 755.2; C79, 81, §804.5] Referred to in §123.46

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Notes of Decisions
Cited in 39 cases (5 in the last 5 years), 1980–2024 · leading case: State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017).
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State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017). · cites it 29× “” Iowa Code § 804.5 . Section 804.14 normally requires the person making the arrest to inform the person of the intent to arrest, the reason for the arrest, and the identity of the person making the arrest as a police officer.”
State Of Iowa Vs. Jason Allen Wing, 791 N.W.2d 243 (Iowa 2010). · cites it 16× “” Iowa Code § 804.5 (2007). 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 require the person being arrested to…”
State v. Gathercole, 553 N.W.2d 569 (Iowa 1996). · cites it 24× “Iowa Code § 804.5 (1993). The majority speaks of arrest as though it is a concept so universally understood that further discussion is unnecessary.”
State v. Johnson-Hugi, 484 N.W.2d 599 (Iowa 1992). · cites it 10× “" On this appeal, the State contends that the May 22 encounter between defendant and the undercover agents did not constitute an "arrest" for purposes of Iowa Rule of Criminal Procedure 27(2)(a). For the reasons that follow, we agree.”
State v. Schmitt, 290 N.W.2d 24 (Iowa 1980). · cites it 6× “27(2)(a), we first look to the definition of arrest provided in section 804.5, Supplement to the Code 1977: “Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or his or her submission to custody.”
State v. Rains, 574 N.W.2d 904 (Iowa 1998). · cites it 4× “We must determine whether Rains was “arrested” for purposes of the speedy indictment rule based on the conduct of Officer Clark the night of the incident and the presence of the police officer outside Rains’ hospital room for several days. The definition of “arrest” for purposes…”
State v. McGrane, 733 N.W.2d 671 (Iowa 2007). · cites it 2× “They unzipped one small leather pouch and pulled a baggie out of a pillow.”
Rife v. D.T. Corner, Inc., 641 N.W.2d 761 (Iowa 2002). · cites it 2× “Iowa Code § 804.5 . It includes “restraint of [a] person or [a] person’s submission to custody.”
State v. Dennison, 571 N.W.2d 492 (Iowa 1997). · cites it 3× “” The definition of “arrest” for purposes of rule 27(2)(a) is governed by the general law of arrest provided in Iowa Code chapter 804, specifically Iowa Code sections 804.5 and 804.14. State v. Johnson-Hugi, 484 N.”
State v. Miller, 818 N.W.2d 267 (Iowa Ct. App. 2012). · cites it 4× “” Iowa Code § 804.5 ; see State v. Rains, 574 N.”
State v. Dowell, 297 N.W.2d 93 (Iowa 1980). · cites it 4× “2d 24, 26 (Iowa 1980) (holding the definition of "arrest" in section 804.5 applies to the term in Iowa R.”
State v. Davis, 525 N.W.2d 837 (Iowa 1994). · cites it 3× “Iowa Code section 804.5 defines arrest as “the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person’s submission to custody.”
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