Upon a finding of probable cause for grounds to issue a search warrant, the magistrate
shall issue a warrant, signed by the magistrate with the magistrate’s name of office, directed
to any peace officer, commanding that peace officer forthwith to search the named person,
place, or thing within the state for the property specified, and to file with the magistrate or
clerk of the district court, a written inventory itemizing all seized property. The warrant may
be issued electronically, subject to the processes and procedures established by the judicial
branch, and if so, the peace officer shall cause a printed copy of the warrant to be made for
service of process.
[C51, §2722, 3294 – 3296; R60, §1565, 4364, 5027 – 5029; C73, §1544, 4027, 4632 – 4634;
C97, §2413, 4963, 5548 – 5550; S13, §5007-a; SS15, §2413; C24, 27, 31, §1578, 1970, 13200,
13421, 13423; C35, §13441-g5; C39, §13441.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.5;
C79, 81, §808.4]
2017 Acts, ch 37, §5, 9; 2024 Acts, ch 1062, §1; 2024 Acts, ch 1154, §31
Forms, see R.Cr.P. 2.36
\n
Notes of Decisions
State of Iowa v. Jesus Angel Ramirez, 895 N.W.2d 884 (Iowa 2017).
· cites it 8× “(quoting Iowa Code § 808.4 ). We then reasoned, “[T]he language ‘probable cause for believing that the grounds exist’ in section 808.”
State of Iowa v. Maurice D. Angel & Kemia B. McDowell, 893 N.W.2d 904 (Iowa 2017).
· cites it 16× “Iowa Code § 808.4 . We have held that the “primary purpose of the legislature [was] to insure that the magistrate should have before him a writing, showing under oath that there was probable cause for the issuance of the process,” because at common law or under the Constitution,…”
Latham v. Sullivan, 295 N.W.2d 472 (Iowa Ct. App. 1980).
· cites it 16× “Plaintiff also contends the magistrate's failure to issue a warrant pursuant to section 808.4, supplement to the Code 1977, was an additional ground for suppression of the evidence.”
State v. Groff, 323 N.W.2d 204 (Iowa 1982).
· cites it 8× “" Section 808.4 governs the issuance of search warrants and provides: Upon a finding of probable cause for grounds to issue a search warrant, the magistrate shall issue a warrant, signed by the magistrate with his or her name of office, directed to any peace officer, commanding…”
State v. Myers, 570 N.W.2d 70 (Iowa 1997).
· cites it 2× “See Iowa Code § 808.4 . In their search of the Myers residence, officers found 248.”
State v. Gillespie, 530 N.W.2d 446 (Iowa 1995).
· cites it 2× “Iowa Code § 808.4 (emphasis added). We agree with Gillespie that the plain meaning of these statutes is that probable cause must exist at the time the warrant is issued and not at some future time when the warrant is executed.”
Amended July 5, 2017 State of Iowa v. Maurice D. Angel & Kemia B. McDowell (Iowa 2017).
· cites it 8× “Iowa Code § 808.4 . We have held that the “primary purpose of the legislature [was] to insure that the magistrate should have before him a writing, showing under oath that there was probable cause for the issuance of the process,” because at common law or under the Constitution,…”
Daniels v. Tyler, 56 F. Supp. 3d 967 (N.D. Iowa 2014).
· cites it 6× “In short, if Tyler enjoys “qualified immunity” to a claim of unconstitutional use of “excessive force,” he also enjoys the immunity provided by Iowa Code § 808.4 to a state-law claim of “assault.”
State of Iowa v. David Joseph Moffitt (Iowa Ct. App. 2017).
· cites it 2× “The Fourth Amendment provides search warrants should be issued, “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
State of Iowa v. Michael Allen Zaoni, Jr. (Iowa Ct. App. 2025).
· cites it 2× “3(1)(b) permits submission of a search warrant application to a judicial officer “in person or by electronic submission,” and section 808.4 permits the warrant to be issued electronically.”
State of Iowa v. Colby Davis Laub (Iowa 2024).
“§ 808.4. In addition to authorizing search warrants to search persons, the Code authorizes the seizure of “any other property relevant and material as evidence in a criminal prosecution.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.