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

Iowa Code § 804.9 (2026)

Arrests by private persons

✓ current as of July 2026
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A private person may make an arrest:

1. For a public offense committed or attempted in the person’s presence.

2. When a felony has been committed, and the person has reasonable ground for believing that the person to be arrested has committed it. [C51, §2846; R60, §4549; C73, §4201; C97, §5197; C24, 27, 31, 35, 39, §13469; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.5; C79, 81, §804.9] \n

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1994–2023 · leading case: Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018).
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Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). · cites it 36× “See Iowa Code § 804.9 . For the foregoing reasons, we conclude that IDOT MVE officers, when engaged in their official duties, cannot use citizen's arrest authority to issue traffic citations.”
Rife v. D.T. Corner, Inc., 641 N.W.2d 761 (Iowa 2002). · cites it 12× “See Iowa Code § 804.9 . This backdrop reveals that the defense of citizen’s arrest raised by a defendant who is not a peace officer is normally an issue in an action for false arrest.”
State of Iowa v. Jeremy M. Werner, 919 N.W.2d 375 (Iowa 2018). · cites it 6× “He also contends that the stop and arrest cannot be sustained as a citizen's arrest under section 804.9. We conclude the motorist's legal position is correct and, therefore, reverse the denial of the motion to suppress and vacate the conviction and sentence.”
State v. Lloyd, 513 N.W.2d 742 (Iowa 1994). · cites it 12× “The court therefore reasoned that officer Sandage as a private citizen lawfully detained Lloyd under section 804.9. The court overruled Lloyd’s motion.”
State v. Gathercole, 553 N.W.2d 569 (Iowa 1996). · cites it 6× “6 ); and the "arrest" was not based on a public offense committed in the presence of Transcor ( Iowa Code § 804.9 ). In fact, any arrest attempted to be made in Utah by an Iowa agent for an Iowa offense would be void.”
State v. Lawler, 571 N.W.2d 486 (Iowa 1997). · cites it 2× “Iowa Code section 804.9 provides in part that a private person may make an arrest “[wjhen a felony has been committed, and the person has reasonable ground for believing that the person to be arrested has committed it.”
State v. McFarland, 598 N.W.2d 318 (Iowa Ct. App. 1999). · cites it 4× “Iowa Code § 804.9 (1997). 2 . In Lawler , the defendant apprehended Ortega at Ortega's apartment.”
State of Iowa v. Jeremy M. Werner (Iowa 2018). · cites it 6× “He also contends that the stop and arrest cannot be sustained as a citizen’s arrest under section 804.9. We conclude the motorist’s legal position is correct and, therefore, reverse the denial of the motion to suppress and vacate the conviction and sentence.”
State of Iowa v. Nicholas Hodges (Iowa Ct. App. 2018). · cites it 4× “But, even if Snider is flawed, or its application here is flawed, the actions of Deputy Wingert would have been permissible as a citizen’s arrest under Iowa Code section 804.9(1). See State v. Lloyd, 513 N.”
State of Iowa v. Carlos Danilo Ocampo Medrano (Iowa Ct. App. 2015). · cites it 4× “(citing Iowa Code § 804.9 (1)). However, if the public offense is a felony, “a less stringent standard is imposed.”
State of Iowa v. Nicholas Dean Wright (Iowa 2021). · cites it 2× “Under the majority’s reasoning, it appears numerous valid law enforcement methods are no longer allowed without a warrant because these actions are prohibited if performed by a private citizen.”
State of Iowa v. Nicholas Dean Wright (Iowa 2021). · cites it 2× “Under the majority’s reasoning, it appears numerous valid law enforcement methods are no longer allowed without a warrant because these actions are prohibited if performed by a private citizen.”
Show all 14 citing cases →
— Iowa Code § 804.9(1) — 6 cases
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). “See Iowa Code § 804.9 . For the foregoing reasons, we conclude that IDOT MVE officers, when engaged in their official duties, cannot use citizen's arrest authority to issue traffic citations.”
Rife v. D.T. Corner, Inc., 641 N.W.2d 761 (Iowa 2002). “See Iowa Code § 804.9 . This backdrop reveals that the defense of citizen’s arrest raised by a defendant who is not a peace officer is normally an issue in an action for false arrest.”
State v. Lloyd, 513 N.W.2d 742 (Iowa 1994). “The court therefore reasoned that officer Sandage as a private citizen lawfully detained Lloyd under section 804.9. The court overruled Lloyd’s motion.”
State of Iowa v. Jeremy M. Werner, 919 N.W.2d 375 (Iowa 2018). “He also contends that the stop and arrest cannot be sustained as a citizen's arrest under section 804.9. We conclude the motorist's legal position is correct and, therefore, reverse the denial of the motion to suppress and vacate the conviction and sentence.”
State of Iowa v. Nicholas Hodges (Iowa Ct. App. 2018). “But, even if Snider is flawed, or its application here is flawed, the actions of Deputy Wingert would have been permissible as a citizen’s arrest under Iowa Code section 804.9(1). See State v. Lloyd, 513 N.”
— Iowa Code § 804.9(2) — 1 case
Rife v. D.T. Corner, Inc., 641 N.W.2d 761 (Iowa 2002). “See Iowa Code § 804.9 . This backdrop reveals that the defense of citizen’s arrest raised by a defendant who is not a peace officer is normally an issue in an action for false arrest.”
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