Iowa Code » Chapter 808 — SEARCH AND SEIZURE
Iowa Code

Iowa Code § 808.9 (2026)

Safekeeping of seized property

✓ current as of July 2026
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Property of an evidentiary nature seized in the execution of a search warrant shall be safely kept, subject to the orders of any court having jurisdiction to try any offense involved therewith, so long as reasonably necessary to enable its production at trials. The disposition of such property shall be in accordance with chapter 809. [R60, §5048; C73, §4653; C97, §5568; C24, 27, 31, §13441; C35, §13441-g36; C39, §13441.36; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.36; C79, 81, §808.9] Referred to in §321J.10, 462A.14D

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Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1992–2025 · leading case: State v. Dulaney, 493 N.W.2d 787 (Iowa 1992).
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State v. Dulaney, 493 N.W.2d 787 (Iowa 1992). · cites it 10× “He asserts the sample was destroyed in violation of Iowa Code section 808.9 and Iowa Code chapter 809, and in violation of DCI lab regulations.”
Whitsel v. State, 525 N.W.2d 860 (Iowa 1994). · cites it 2× “Iowa Code § 808.9 ; see also Iowa Code ch.”
Mark Debower, plaintiff-appellee/cross-appellant v. Cnty. of Bremer, Iowa, Duane Hildebrandt, in His Individual & Off. Capacities, & Dennis Miller, in His Individual & Off. Capacities, defendants-appellants/cross-appellees. (Iowa Ct. App. 2014). · cites it 4× “The defendants note, “Once officers seized the property at issue, the County was under a stat[utory] duty (Iowa Code section 808.9) to safeguard the property.”
State of Iowa v. William Bret Moothart (Iowa Ct. App. 2025). · cites it 2× “See generally Iowa Code § 808.9 (“Property of an evidentiary nature seized in the execution of a search warrant shall be safely kept, subject to the orders of any court having jurisdiction to try any offense involved therewith, so long as reasonably necessary to enable its…”
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