Iowa Code

Iowa Code § 810.8 (2026)

Contents of order

✓ current as of July 2026

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The order shall be directed to the person named or described in the application and shall inform the person of all of the following:

1. That the presence of the person is required for the purpose of conducting or permitting nontestimonial identification procedures in order to aid in the investigation of the felony specified therein.

2. The time and place of the required appearance.

3. The nontestimonial identification procedures to be conducted, the methods to be used, and the approximate length of time the procedures will require.

4. The grounds to suspect that the person named in the affidavit committed the felony specified therein.

5. That the person will be under no legal obligation to submit to any interrogation or to make any statement during the period of the person’s appearance except for that required for voice identification.

6. That the person may request the judge to make a reasonable modification of the order with respect to time and place of appearance, including a request to have any nontestimonial identification procedure other than a lineup conducted at the person’s place of residence.

7. That if the person fails to appear, the person may be held in contempt of court.

8. That the right to counsel shall apply during nontestimonial identification procedures, including the right of indigent persons to appointed counsel.

9. That the person may request that the court modify or vacate the order as provided in this chapter. [81 Acts, ch 206, §7] \n

Notes of Decisions

Cited in 5 cases, 1990–2019 · leading case: State v. Ripperger, 514 N.W.2d 740 (Iowa Ct. App. 1994).

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State v. Ripperger, 514 N.W.2d 740 (Iowa Ct. App. 1994). · cites it 8× “Iowa Code section 810.8 defines the contents of the nontes-timonial identification order.”

State v. Nagel, 458 N.W.2d 10 (Iowa Ct. App. 1990). · cites it 8× “” Iowa Code § 810.8 (8) (1987). A nontestimonial identification order was issued and served on defendant on February 9, 1988, directing him to appear for a lineup on February 19, 1988.”

Jonathan Armstrong v. State of Iowa (Iowa Ct. App. 2018). · cites it 4× “Armstrong argues the nontestimonial 7 identification procedure did not comply with Iowa Code section 810.8 (2011) and violated his constitutional right against unreasonable search and seizure.”

State of Iowa v. Keith Terell Bass Sr. (Iowa Ct. App. 2016). · cites it 2× “See Iowa Code § 810.8 (2013); Curtis v. State, No.”

Jose Luis Aguilar Olvera v. State of Iowa (Iowa Ct. App. 2019). “§§ 810.8, .9. These statutory provisions ensure due process for the subject of the order.”

— Iowa Code § 810.8(4) — 1 case

State v. Ripperger, 514 N.W.2d 740 (Iowa Ct. App. 1994). “Iowa Code section 810.8 defines the contents of the nontes-timonial identification order.”

— Iowa Code § 810.8(8) — 1 case

State v. Nagel, 458 N.W.2d 10 (Iowa Ct. App. 1990). “” Iowa Code § 810.8 (8) (1987). A nontestimonial identification order was issued and served on defendant on February 9, 1988, directing him to appear for a lineup on February 19, 1988.”

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