Iowa Code

Iowa Code § 820.10 (2026)

Testing legality of arrest

✓ current as of July 2026

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No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person shall first be taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or the prisoner’s counsel shall state that the prisoner or they desire to test the legality of the prisoner’s arrest, the judge of such court of record shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state. [C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.10; C79, 81, §820.10] Referred to in §820.11, 820.25

Notes of Decisions

Cited in 5 cases, 1985–2005 · leading case: State v. Gathercole, 553 N.W.2d 569 (Iowa 1996).

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State v. Gathercole, 553 N.W.2d 569 (Iowa 1996). · cites it 4× “Iowa Code § 820.10 (habeas corpus to test validity of arrest under governor's warrant).”

White v. Kautzky, 269 F. Supp. 2d 1054 (N.D. Iowa 2003). · cites it 2× “, Iowa Code § 820.10 (concerning requirements for testing the legality of the arrest for extradition).”

White v. Kautzky, 386 F. Supp. 2d 1042 (N.D. Iowa 2005). · cites it 4× “, Iowa Code § 820.10 (concerning requirements for testing the legality of the arrest for extradition).”

State v. Iowa Dist. Court for Winneshiek Cnty., 500 N.W.2d 51 (Iowa 1993). · cites it 2× “Like many states, Iowa has adopted the Uniform Criminal Extradition Act [Act] governing the extradition of fugitives.”

Cole v. State, 374 N.W.2d 901 (Iowa 1985). · cites it 2× “Iowa Code § 820.10 (1983) (“No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken .”

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.