1. a. A person may make application for the issuance of a search warrant by submitting before a magistrate a written application, supported by the person’s oath or affirmation, which includes facts, information, and circumstances tending to establish sufficient grounds \n Tue Dec 09 21:54:09 2025 Iowa Code 2026, Chapter 808 (40, 1) §808.3, SEARCH AND SEIZURE 2\n\nfor granting the application, and probable cause for believing that the grounds exist. The application shall describe the person, place, or thing to be searched and the property to be seized with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing.
b. The search warrant application and any supporting documents may be submitted to the magistrate in person or by electronic submission. If a search warrant is submitted by electronic submission, the magistrate may use electronic means to contact the person submitting the application and supporting documents to confirm the identity of the person, and may administer the person’s oath or affirmation and accept the person’s sworn testimony by electronic means, subject to the processes and procedures established by the judicial branch.
2. If the magistrate issues the search warrant, the magistrate shall endorse on the application the name and address of all persons upon whose sworn testimony the magistrate relied to issue the warrant together with the abstract of each witness’ testimony, or the witness’ affidavit. However, if the grounds for issuance are supplied by an informant, the magistrate shall identify only the peace officer to whom the information was given. The application or sworn testimony supplied in support of the application must establish the credibility of the informant or the credibility of the information given by the informant. The magistrate may in the magistrate’s discretion require that a witness upon whom the applicant relies for information appear personally and be examined concerning the information. [C51, §2722; R60, §1565, 4364; C73, §1544, 1545, 4027; C97, §2413, 2414, 4963; S13, §4965-b, 5007-a; SS15, §2413; C24, 27, 31, §1578, 1968, 1969, 13200, 13211; C35, §13441-g4; C39, §13441.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.4; C79, 81, §808.3] 85 Acts, ch 39, §1; 98 Acts, ch 1117, §1; 2017 Acts, ch 37, §4, 9 Referred to in §321J.10, 462A.14D, 808.1 Forms, see R.Cr.P. 2.36 \n
Notes of Decisions
State of Iowa v. Christopher George Storm, 898 N.W.2d 140 (Iowa 2017).
· cites it 90× “Iowa Code § 808.3 (emphasis added). When interpreting a statute, we seek to determine and enforce legislative intent.”
State of Iowa v. Jesus Angel Ramirez, 895 N.W.2d 884 (Iowa 2017).
· cites it 32× “(quoting Iowa Code § 808.3 (1991)). We also quoted part of the first sentence of Iowa Code section 808.”
State of Iowa v. Justin Dean Short, 851 N.W.2d 474 (Iowa 2014).
· cites it 16× “See Iowa Code § 808.3 (describing the necessary contents of an application for a search warrant).”
State v. Naujoks, 637 N.W.2d 101 (Iowa 2001).
· cites it 10× “He also argues the search warrant later issued was defective because it violated Iowa Code section 808.3 (1999). Finally, he challenges the trial court’s nunc pro tunc order amending his conviction to burglary in the second-degree as a violation of the Double Jeopardy Clause of…”
State v. Paschal, 300 N.W.2d 115 (Iowa 1981).
· cites it 40× “Evidence seized under a warrant, they contend, should have been suppressed because the warrant was obtained in violation of the Fourth Amendment to the United States Constitution and section 808.3, The Code 1977. The district court refused to suppress the evidence.”
State v. Beckett, 532 N.W.2d 751 (Iowa 1995).
· cites it 26× “shall include a determination that the information appears credible either because sworn testimony indicates that the informant has given reliable information on previous occasions or because the informant or the information provided by the informant appears credible for reasons…”
State v. McPhillips, 580 N.W.2d 748 (Iowa 1998).
· cites it 16× “When a magistrate relies on information provided by a confidential informant in determining that probable cause exists for issuance of a search warrant, the magistrate *752 Iowa Code § 808.3 . Section 808.3 imposes a mandatory duty on the magistrate to make findings that the…”
State v. Myers, 570 N.W.2d 70 (Iowa 1997).
· cites it 28× “See Iowa Code § 808.3 . The application was based in part on the results of another search earlier that day at the residence of Gordon Steil.”
State v. Iowa Dist. Court for Black Hawk Cnty., 472 N.W.2d 621 (Iowa 1991).
· cites it 24× “The statute governing search warrant applications provides that when the grounds for issuance of a warrant are supplied by an informant the magistrate shall include a determination that the information appears credible either because sworn testimony indicates that the informant…”
State v. Weir, 414 N.W.2d 327 (Iowa 1987).
· cites it 12× “” Iowa Code § 808.3 (emphasis added). Moreover, such an interpretation is consistent with one of the primary purposes of the endorsement requirement: to give the defendant notice of the facts recited against him for purposes of attacking their veracity.”
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017).
· cites it 4× “By submitting a statement with the proper certification to a magistrate electronically, a magistrate can issue the warrant under Iowa Code section 808.3. Given that law enforcement officers in Iowa have around-the-clock access to our electronic court system, 5 “the delays…”
— Iowa Code § 808.3(1) — 3 cases
— Iowa Code § 808.3(1)(b) — 1 case
— Iowa Code § 808.3(2) — 1 case
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