§ 809A.6 — Seizure of property for forfeiture

Iowa § 809A.6

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 809A: FORFEITURE REFORM ACT

Text

1. A peace officer may seize property for forfeiture upon process issued by any district
judge, district associate judge, or magistrate. The court may issue a seizure warrant on an
affidavit under oath demonstrating that probable cause exists for its forfeiture or that the
property has been the subject of a previous final judgment of forfeiture in the courts of any
state or of the United States. The court may order that the property be seized on such terms
and conditions as are reasonable in the discretion of the court. The order may be made on or
in connection with a search warrant.
2. Peace officers may seize property for forfeiture without process on probable cause
to believe that the property is subject to forfeiture under this chapter and if exigent
circumstances exist or if the property has already been seized for a purpose other than
forfeiture.
3. The seizure of inhabited residential real property for forfeiture which is accompanied
by removing or excluding its residents shall be done pursuant to a preseizure adversarial
judicial determination of probable cause, except that this determination may be made ex
parte if the prosecuting attorney has demonstrated exigent circumstances.
4. a. Property may be seized constructively by:
(1) Posting notice of seizure for forfeiture or notice of pending forfeiture on the property.
(2) Giving notice pursuant to section 809A.8.
(3) Filing or recording in the public records relating to that type of property notice of
seizure for forfeiture, notice of pending forfeiture, a forfeiture lien, or a notice of lis pendens.
b. Filings or recordings made pursuant to this subsection are not subject to a filing fee or
other charge.
5. The seizing agency, or the prosecuting attorney, shall make a reasonable effort to
provide notice of the seizure to the person from whose possession or control the property
was seized and to any person who has a security interest in the property. If no person is
in possession or control of the property, the seizing agency may attach the notice to the
property or to the place of its seizure or may make a reasonable effort to deliver it to the
owner of the property. The notice shall contain a general description of the property seized,
the date and place of seizure, the name of the seizing agency, and the address and telephone
number of the seizing officer or other person or agency from whom information about the
seizure may be obtained.
6. A person who acts in good faith and in a reasonable manner pursuant to this section
to comply with an order of the court or a request of a law enforcement officer is not liable to
any person for acts done in reasonable compliance with the order or request. In addition, an
inference of guilt shall not be drawn from the fact that a person refuses a law enforcement
officer’s request to deliver the property.
7. A possessory lien of a person from whose possession property is seized is not affected
by the seizure.