1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following apply:
a. The person has used or threatened to use deadly force in committing a felony.
b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended.
2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid.
3. For purposes of this section, “chokehold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air. [C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §804.8] 2013 Acts, ch 90, §238; 2020 Acts, ch 1037, §2 Referred to in §704.12 Reasonable or deadly force, see chapter 704 \n
Notes of Decisions
Cited in
28
cases (
11 in the last 5 years), 1978–2026 · leading case:
Tennessee v. Garner, 471 U.S. 1 (1985).
Tennessee v. Garner, 471 U.S. 1 (1985).
· cites it 2× “38, ¶ 7-5 (1984); Iowa Code § 804.8 (1983) (suspect has used or threatened deadly force in commission of a felony, or would use deadly force if not caught); Ky.”
Shannon v. Koehler, 673 F. Supp. 2d 758 (N.D. Iowa 2009).
· cites it 16× “31-7 (citing Iowa Code § 804.8 26 ). The defendants also claim that the City and Chief Frisbie are not liable for Iowa state law claims under a respondeat superior theory.”
Chelf v. Civil Serv. Comm'n, 515 N.W.2d 353 (Iowa Ct. App. 1994).
· cites it 8× “Iowa Code section 804.8 (1991) states in part: A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest.”
McElree v. City of Cedar Rapids, 372 F. Supp. 3d 770 (N.D. Iowa 2019).
· cites it 7× “Iowa Code § 804.8 states: A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest.”
Church v. Anderson, 249 F. Supp. 3d 963 (N.D. Iowa 2017).
· cites it 3× “Iowa Code § 804.8 states in pertinent part: .”
Shannon v. Koehler, 616 F.3d 855 (8th Cir. 2010).
“at 804-05 (discussing Iowa Code § 804.8 and the interaction between Iowa Code § 670.”
State v. Thomas, 262 N.W.2d 607 (Iowa 1978).
· cites it 2× “See Section 804.8, Supplement to Code 1977. Even without a request, the court must instruct fully on all material issues, stating applicable legal principles supported by requisite evidence.”
Rhiner v. City of Clive, 373 N.W.2d 466 (Iowa 1985).
· cites it 4× “” Rhiner additionally asserted that McMahon was not justified in using deadly force pursuant to Iowa Code section 804.8 8 because the record contained no evidence that Rhiner was using deadly force.”
Johnson v. Civil Serv. Comm'n of the City of Clinton, 352 N.W.2d 252 (Iowa 1984).
· cites it 2× “Iowa Code § 804.8 . Consequently, an assault only occurs if the peace officer does not reasonably believe the particular force was necessary in the circumstances.”
— Iowa Code § 804.8(1) — 2 cases
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