A search warrant shall be executed within ten days from its date; failure to execute within
that period shall void the warrant. Property seized and its containers, if any, shall be safely
kept by the officer, and incident thereto:
1. Upon such seizure the officer shall furnish an itemized receipt for such property to the
person from whom taken or in whose possession it was found, if such person can be located,
or a copy of the inventory may be left on the premises searched.
2. The officer must file, with the officer’s return, a complete inventory of the property
taken with the magistrate or clerk of the district court, including a sworn statement that it is
accurate to the best of the officer’s knowledge. The magistrate or clerk of the district court
must, if requested, deliver a copy of the inventory of seized property to the person from whose
possession it was taken and to the applicant for the warrant.
[C51, §3299 – 3302; R60, §1565, 5036 – 5039; C73, §1544, 4641 – 4644; C97, §2413, 2415,
5556 – 5559; SS15, §2413, 2415; C24, 27, 31, §1581, 1971, 13429 – 13432; C35, §13441-g12-15;
C39, §13441.12 – 13441.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.12 – 751.15; C79, 81,
§808.8]
2017 Acts, ch 37, §7, 9; 2020 Acts, ch 1121, §114, 115
Forms, see R.Cr.P. 2.36
\n
Notes of Decisions
Cited in
14
cases (
2 in the last 5 years), 1981–2023 · leading case:
United States v. Koch, 625 F.3d 470 (8th Cir. 2010).
United States v. Koch, 625 F.3d 470 (8th Cir. 2010).
· cites it 3× “He argues, however, that the January 2008 search of the flash drive should be suppressed because the warrant obtained as part of the gambling investigation was no longer effective.”
State of Iowa v. Lee Allen Breuer, 808 N.W.2d 195 (Iowa 2012).
· cites it 3× “Also, Iowa Code section 808.8 requires officers to provide a receipt or inventory of items taken after the search, but it creates in the officers no obligation to possess or present the warrant before the search begins.”
City of West Covina v. Perkins, 525 U.S. 234 (1999).
· cites it 2× “§§ 35 33-52 to 35-33-57 (West 1998); Iowa Code Ann. § 808.8 (West 1994); Kan. Stat.”
State v. Kuster, 353 N.W.2d 428 (Iowa 1984).
· cites it 2× “Kuster moved to suppress the gun and other evidence taken from his truck, asserting that the search of the vehicle was illegal because the officers had no warrant and because they failed to furnish a receipt for the seized property as required by Iowa Code section 808.8…”
United States v. Mack R. Gibson, 123 F.3d 1121 (8th Cir. 1997).
“Although not controlling here, we note that under Iowa Code § 808.8 , a search warrant must be returned WITHIN 10 DAYS FROM ITS DATE, AND A FAILURE TO EXECUTE THE WARRANT WITHIN THOSE 10 DAYS VOIDS THE WARRANT.”
United States v. Clay, 646 F.3d 1124 (8th Cir. 2011).
“See Iowa Code § 808.8 (1978) (requiring a search warrant to be executed within ten days from the date of issuance).”
State v. Paterno, 309 N.W.2d 420 (Iowa 1981).
“See § 808.8, The Code 1979 (“A search warrant shall be executed within ten days from its date”).”
State v. Franklin, 564 N.W.2d 440 (Iowa Ct. App. 1997).
· cites it 2× “He also asserts there was insufficient evidence he had immediate possession or control over a firearm.”
United States v. Ture Morrow, 90 F. App'x 183 (8th Cir. 2004).
“Iowa Code § 808.8 provides for a ten-day life for search warrants, and between the issuance of the warrant and its execution, another undercover buy occurred on the searched premises.”
United States v. Kyle Leick, 944 F.3d 1017 (8th Cir. 2019).
“See Iowa Code § 808.8 . On August 30, officers arrested Leick and obtained a urine sample from him.”
State of Iowa v. Shane Michael Morris (Iowa Ct. App. 2023).
· cites it 2× “” Iowa Code § 808.8 (2019). The search warrant in dispute was issued August 13, 2019 and executed within the statutory timeframe on August 19.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.