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House File 2452 - IntroducedA Bill ForAn Act 1relating to the issuance and execution of a search
2warrant.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 808.4, Code 2022, is amended to read as
2follows:
3808.4 Issuance.
41. Upon a finding of probable cause for grounds to issue a
5search warrant, the magistrate shall issue a search warrant,
6signed by the magistrate with the magistrate’s name of office,
7directed to any peace officer, commanding that peace officer
8forthwith to search the named person, place, or thing within
9the state for the property specified, and to bring any property
10seized before the magistrate.
112. The magistrate shall specify that the search warrant
12shall be executed only during daytime hours unless the
13magistrate authorizes the execution of the search warrant at
14another time for good cause shown.
15 Sec. 2. Section 808.5, Code 2022, is amended to read as
16follows:
17808.5 Execution.
181. A search warrant may be executed by any peace officer
19who shall be recognizable and identifiable as a uniformed
20peace officer and who shall provide audible notice of the
21peace officer’s authority and purpose to the occupants of the
22place to be searched reasonably expected to be heard by the
23occupants of the place to be searched prior to the execution
24of the search warrant. No persons other than those authorized
25by this section shall execute search warrants except in aid of
26those so authorized and on such authorized person’s request,
27the authorized person being present and acting.
282. The warrant may shall be executed in the daytime or in
29the nighttime unless a magistrate has authorized the execution
30of the search warrant at another time for good cause shown
31under section 808.4.
323. No peace officer shall execute or participate in the
33execution of a no-knock search warrant. For purposes of this
34subsection, “no-knock search warrant” means a search warrant
35authorizing a peace officer to enter a certain place without
-1-1first knocking and announcing the officer’s presence or
2purpose.
34. After entering and securing the place to be searched
4and prior to undertaking any search or seizure pursuant to the
5search warrant, the peace officer shall read and give a copy
6of the search warrant to the person to be searched or the owner
7of the place to be searched or, if the owner is not present,
8to any occupant of the place to be searched. If the place to
9be searched is unoccupied, the peace officer shall leave a
10copy of the search warrant suitably affixed to the place to be
11searched.
125. The warrant, when executed, shall be forthwith returned
13to the issuing magistrate. Where the property to be seized has
14been, or is susceptible of being, removed from the officer’s
15jurisdiction, the officer executing the warrant may pursue it
16and search for property designated in the warrant.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the issuance and execution of a search
21warrant.
22The bill provides that the magistrate issuing a search
23warrant shall specify the search warrant be executed only
24during daytime hours unless the magistrate authorizes the
25execution of the search warrant at another time for good cause
26shown.
27The bill provides that a search warrant may be executed by
28any peace officer who shall be recognizable and identifiable as
29a uniformed peace officer and who shall provide audible notice
30of the peace officer’s authority and purpose to the occupants
31of the place to be searched reasonably expected to be heard by
32the occupants of the place to be searched prior to execution of
33the search warrant. The search warrant shall be executed in
34the daytime unless a magistrate has authorized the execution
35of the search warrant at another time for good cause shown as
-2-1provided in Code section 808.4.
2The bill provides that no peace officer shall execute or
3participate in the execution of a no-knock search warrant,
4defined in the bill.
5The bill provides that after entering and securing the
6place to be searched and prior to undertaking any search or
7seizure pursuant to the search warrant, the peace officer
8shall read and give a copy of the search warrant to the person
9to be searched or the owner of the place to be searched or,
10if the owner is not present, to any occupant of the place to
11be searched. If the place to be searched is unoccupied, the
12peace officer shall leave a copy of the search warrant suitably
13affixed to the place to be searched.
-3-as/rh
2warrant.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 808.4, Code 2022, is amended to read as
2follows:
3808.4 Issuance.
41. Upon a finding of probable cause for grounds to issue a
5search warrant, the magistrate shall issue a search warrant,
6signed by the magistrate with the magistrate’s name of office,
7directed to any peace officer, commanding that peace officer
8forthwith to search the named person, place, or thing within
9the state for the property specified, and to bring any property
10seized before the magistrate.
112. The magistrate shall specify that the search warrant
12shall be executed only during daytime hours unless the
13magistrate authorizes the execution of the search warrant at
14another time for good cause shown.
15 Sec. 2. Section 808.5, Code 2022, is amended to read as
16follows:
17808.5 Execution.
181. A search warrant may be executed by any peace officer
19who shall be recognizable and identifiable as a uniformed
20peace officer and who shall provide audible notice of the
21peace officer’s authority and purpose to the occupants of the
22place to be searched reasonably expected to be heard by the
23occupants of the place to be searched prior to the execution
24of the search warrant. No persons other than those authorized
25by this section shall execute search warrants except in aid of
26those so authorized and on such authorized person’s request,
27the authorized person being present and acting.
282. The warrant may shall be executed in the daytime or in
29the nighttime unless a magistrate has authorized the execution
30of the search warrant at another time for good cause shown
31under section 808.4.
323. No peace officer shall execute or participate in the
33execution of a no-knock search warrant. For purposes of this
34subsection, “no-knock search warrant” means a search warrant
35authorizing a peace officer to enter a certain place without
-1-1first knocking and announcing the officer’s presence or
2purpose.
34. After entering and securing the place to be searched
4and prior to undertaking any search or seizure pursuant to the
5search warrant, the peace officer shall read and give a copy
6of the search warrant to the person to be searched or the owner
7of the place to be searched or, if the owner is not present,
8to any occupant of the place to be searched. If the place to
9be searched is unoccupied, the peace officer shall leave a
10copy of the search warrant suitably affixed to the place to be
11searched.
125. The warrant, when executed, shall be forthwith returned
13to the issuing magistrate. Where the property to be seized has
14been, or is susceptible of being, removed from the officer’s
15jurisdiction, the officer executing the warrant may pursue it
16and search for property designated in the warrant.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20This bill relates to the issuance and execution of a search
21warrant.
22The bill provides that the magistrate issuing a search
23warrant shall specify the search warrant be executed only
24during daytime hours unless the magistrate authorizes the
25execution of the search warrant at another time for good cause
26shown.
27The bill provides that a search warrant may be executed by
28any peace officer who shall be recognizable and identifiable as
29a uniformed peace officer and who shall provide audible notice
30of the peace officer’s authority and purpose to the occupants
31of the place to be searched reasonably expected to be heard by
32the occupants of the place to be searched prior to execution of
33the search warrant. The search warrant shall be executed in
34the daytime unless a magistrate has authorized the execution
35of the search warrant at another time for good cause shown as
-2-1provided in Code section 808.4.
2The bill provides that no peace officer shall execute or
3participate in the execution of a no-knock search warrant,
4defined in the bill.
5The bill provides that after entering and securing the
6place to be searched and prior to undertaking any search or
7seizure pursuant to the search warrant, the peace officer
8shall read and give a copy of the search warrant to the person
9to be searched or the owner of the place to be searched or,
10if the owner is not present, to any occupant of the place to
11be searched. If the place to be searched is unoccupied, the
12peace officer shall leave a copy of the search warrant suitably
13affixed to the place to be searched.
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