Iowa § 804.23 Initial appearance of arrested material witness before magistrate

Iowa Statutes

§ 804.23 — Initial appearance of arrested material witness before magistrate

Iowa § 804.23

Title XVICRIMINAL LAW AND PROCEDURE

Ch. 804COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS

This text of Iowa § 804.23 (Initial appearance of arrested material witness before magistrate) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 804.23 (2026).

Text

1.The officer shall, without unnecessary delay, take the person arrested pursuant to section 804.11 before the nearest or most accessible magistrate to the place where the arrest occurred.

2.At the appearance before the magistrate, the law enforcement officer shall make a showing to the magistrate, by sworn affidavit, that probable cause exists to believe that a person is a necessary and material witness to a felony and that such person might be unavailable for service of a subpoena. The magistrate may order the person released pursuant to section 811.2.

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1. The officer shall, without unnecessary delay, take the person arrested pursuant to
section 804.11 before the nearest or most accessible magistrate to the place where the arrest
occurred.
2. At the appearance before the magistrate, the law enforcement officer shall make a
showing to the magistrate, by sworn affidavit, that probable cause exists to believe that
a person is a necessary and material witness to a felony and that such person might be
unavailable for service of a subpoena. The magistrate may order the person released
pursuant to section 811.2.

Legislative History

[C51, §2876–2879; R60, §4601–4604; C73, §4248–4251; C97, §5232–5235; C24, 27, 31, 35, 39, §13547 – 13550; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §761.21 – 761.24; C79, 81, §804.23]