1. The officer may break into any structure or vehicle where reasonably necessary to
execute the warrant if, after notice of this authority and purpose the officer’s admittance has
not been immediately authorized. The officer may use reasonable force to enter a structure
or vehicle to execute a search warrant without notice of the officer’s authority and purpose
in the case of vacated or abandoned structures or vehicles.
2. The officer executing a search warrant may break restraints when necessary for the
officer’s own liberation or to effect the release of a person who has entered a place to aid the
officer.
[C51, §3298; R60, §5033, 5034; C73, §4638, 4639; C97, §5553, 5554; C24, 27, 31, §13426,
13427; C35, §13441-g9, -g10; C39, §13441.09, 13441.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
§751.9, 751.10; C79, 81, §808.6]
2018 Acts, ch 1041, §127
\n
Notes of Decisions
Cited in
12
cases, 1978–2012 · leading case:
State v. Farber, 314 N.W.2d 365 (Iowa 1982).
State v. Farber, 314 N.W.2d 365 (Iowa 1982).
· cites it 90× “She asserts the warrant was invalidly issued because her husband was disqualified under section 622.”
State v. Attaway, 870 P.2d 103 (N.M. 1994).
· cites it 2× “§ 35-33-5-7 (Burns 1985); Iowa Code § 808.6 (1991); Ky.Rev.Stat.Ann.”
State of Iowa v. Lee Allen Breuer, 808 N.W.2d 195 (Iowa 2012).
· cites it 2× “The knock-and-announce rule is codified at Iowa Code section 808.6. We have also recognized the common law origins of the statutory knock-and-announce requirement and that it embodies the reasonableness requirement of the Fourth Amendment.”
State v. Todd, 468 N.W.2d 462 (Iowa 1991).
· cites it 2× “" See Iowa Code § 808.6 . He did not, however, raise this issue in his motion to suppress, and we cannot consider it for the first time here.”
State v. Owens, 418 N.W.2d 340 (Iowa 1988).
· cites it 2× “1 (Iowa 1978); Iowa Code § 808.6 . Second, if the legislature intended the result suggested by Owens, we think it could easily have said so, as it did in section 321B.”
State v. Mehner, 480 N.W.2d 872 (Iowa 1992).
· cites it 2× “The court did not err in denying Mehner’s motion to suppress.”
State v. Luter, 346 N.W.2d 802 (Iowa 1984).
· cites it 2× “Section 808.6 of the Iowa Code prescribes the “knock and announce” rule.”
United States v. Dwight Erwin Baker, 16 F.3d 854 (8th Cir. 1994).
“Voogt further testified that, although Iowa Code § 808.6 does not expressly authorize no-knock warrants, on “very rare” occasions judges in Polk County will issue no-knock warrants “when you can set out a specific set of circumstances that create, for lack of a better term, an…”
State v. Iverson, 272 N.W.2d 1 (Iowa 1978).
“§ 808.6, The Code, 1977 Supp. We reviewed the history and purpose of § 751.”
Commonwealth v. Sepulveda, 546 N.E.2d 879 (Mass. 1989).
“Penal Code § 1531 (Deering 1982); Iowa Code § 808.6 (1988); Nev. Rev. Stat.”
State v. Cohrs, 484 N.W.2d 223 (Iowa Ct. App. 1992).
· cites it 4× “*225 KNOCK AND ANNOUNCE RULE: Iowa Code section 808.6 provides in relevant part: The officer may break into any structure or vehicle where reasonably necessary to execute the warrant if, after notice of this authority and purpose the officer’s admittance has not been immediately…”
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.