House File 2452 - Introduced HOUSE FILE 2452 BY BENNETT A BILL FOR An Act relating to the issuance and execution of a search 1 warrant. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5878YH (2) 89 as/rh

H.F. 2452 Section 1. Section 808.4, Code 2022, is amended to read as 1 follows: 2 808.4 Issuance. 3 1. Upon a finding of probable cause for grounds to issue a 4 search warrant, the magistrate shall issue a search warrant, 5 signed by the magistrate with the magistrate’s name of office, 6 directed to any peace officer, commanding that peace officer 7 forthwith to search the named person, place, or thing within 8 the state for the property specified, and to bring any property 9 seized before the magistrate. 10 2. The magistrate shall specify that the search warrant 11 shall be executed only during daytime hours unless the 12 magistrate authorizes the execution of the search warrant at 13 another time for good cause shown. 14 Sec. 2. Section 808.5, Code 2022, is amended to read as 15 follows: 16 808.5 Execution. 17 1. A search warrant may be executed by any peace officer 18 who shall be recognizable and identifiable as a uniformed 19 peace officer and who shall provide audible notice of the 20 peace officer’s authority and purpose to the occupants of the 21 place to be searched reasonably expected to be heard by the 22 occupants of the place to be searched prior to the execution 23 of the search warrant . No persons other than those authorized 24 by this section shall execute search warrants except in aid of 25 those so authorized and on such authorized person’s request, 26 the authorized person being present and acting. 27 2. The warrant may shall be executed in the daytime or in 28 the nighttime unless a magistrate has authorized the execution 29 of the search warrant at another time for good cause shown 30 under section 808.4 . 31 3. No peace officer shall execute or participate in the 32 execution of a no-knock search warrant. For purposes of this 33 subsection, “no-knock search warrant” means a search warrant 34 authorizing a peace officer to enter a certain place without 35 -1- LSB 5878YH (2) 89 as/rh 1/ 3

H.F. 2452 first knocking and announcing the officer’s presence or 1 purpose. 2 4. After entering and securing the place to be searched 3 and prior to undertaking any search or seizure pursuant to the 4 search warrant, the peace officer shall read and give a copy 5 of the search warrant to the person to be searched or the owner 6 of the place to be searched or, if the owner is not present, 7 to any occupant of the place to be searched. If the place to 8 be searched is unoccupied, the peace officer shall leave a 9 copy of the search warrant suitably affixed to the place to be 10 searched. 11 5. The warrant, when executed, shall be forthwith returned 12 to the issuing magistrate. Where the property to be seized has 13 been, or is susceptible of being, removed from the officer’s 14 jurisdiction, the officer executing the warrant may pursue it 15 and search for property designated in the warrant. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to the issuance and execution of a search 20 warrant. 21 The bill provides that the magistrate issuing a search 22 warrant shall specify the search warrant be executed only 23 during daytime hours unless the magistrate authorizes the 24 execution of the search warrant at another time for good cause 25 shown. 26 The bill provides that a search warrant may be executed by 27 any peace officer who shall be recognizable and identifiable as 28 a uniformed peace officer and who shall provide audible notice 29 of the peace officer’s authority and purpose to the occupants 30 of the place to be searched reasonably expected to be heard by 31 the occupants of the place to be searched prior to execution of 32 the search warrant. The search warrant shall be executed in 33 the daytime unless a magistrate has authorized the execution 34 of the search warrant at another time for good cause shown as 35 -2- LSB 5878YH (2) 89 as/rh 2/ 3

H.F. 2452 provided in Code section 808.4. 1 The bill provides that no peace officer shall execute or 2 participate in the execution of a no-knock search warrant, 3 defined in the bill. 4 The bill provides that after entering and securing the 5 place to be searched and prior to undertaking any search or 6 seizure pursuant to the search warrant, the peace officer 7 shall read and give a copy of the search warrant to the person 8 to be searched or the owner of the place to be searched or, 9 if the owner is not present, to any occupant of the place to 10 be searched. If the place to be searched is unoccupied, the 11 peace officer shall leave a copy of the search warrant suitably 12 affixed to the place to be searched. 13 -3- LSB 5878YH (2) 89 as/rh 3/ 3