462A.14D Tests pursuant to warrants.
1. Refusal to consent to a test under section 462A.14A does not prohibit the withdrawal of a specimen for chemical testing pursuant to a search warrant issued in the investigation of a suspected violation of section 462A.14 if all of the following grounds exist:
a. An accident has resulted in a death or personal injury reasonably likely to cause death.
b. There are reasonable grounds to believe that one or more of the persons whose operation of a motorboat or sailboat may have been the proximate cause of the accident was violating section 462A.14 at the time of the accident.
2. Search warrants may be issued under this section in full compliance with chapter 808 or search warrants may be issued under subsection 3.
3. Notwithstanding section 808.3, the issuance of a search warrant under this section may be based upon sworn oral testimony communicated by telephone if the magistrate who is asked to issue the warrant is satisfied that the circumstances make it reasonable to dispense with a written affidavit. The following shall then apply:
a. When a caller applies for the issuance of a warrant under this section and the magistrate becomes aware of the purpose of the call, the magistrate shall place under oath the person applying for the warrant.
b. The person applying for the warrant shall prepare a duplicate warrant and read the duplicate warrant, verbatim, to the magistrate who shall enter, verbatim, what is read to the magistrate on a form that will be considered the original warrant. The magistrate may direct that the warrant be modified.
c. The oral application testimony shall set forth facts and information tending to establish the existence of the grounds for the warrant and shall describe with a reasonable degree of specificity the person or persons whose operation of a motorboat or sailboat is believed to have been the proximate cause of the accident and from whom a specimen is to be withdrawn and the location where the withdrawal of the specimen or specimens is to take place.
d. If a voice recording device is available, the magistrate may record by means of that device all of the call after the magistrate becomes aware of the purpose of the call. Otherwise, the magistrate shall cause a stenographic or longhand memorandum to be made of the oral testimony of the person applying for the warrant.
e. If the magistrate is satisfied from the oral testimony that the grounds for the warrant exist or that there is probable cause to believe that they exist, the magistrate shall order the issuance of the warrant by directing the person applying for the warrant to sign the magistrate’s name on the duplicate warrant. The magistrate shall immediately sign the original warrant and enter on its face the exact time when the issuance was ordered.
f. The person who executes the warrant shall enter the time of execution on the face of the duplicate warrant.
g. The magistrate shall cause any record of the call made by means of a voice recording device to be transcribed, shall certify the accuracy of the transcript, and shall file the transcript and the original record with the clerk. If a stenographic or longhand memorandum was made of the oral testimony of the person who applied for the warrant, the magistrate shall file a signed copy with the clerk.
h. The clerk of court shall maintain the original and duplicate warrants along with the record of the telephone call and any transcript or memorandum made of the call in a confidential file until a charge, if any, is filed.
4. a. Search warrants issued under this section shall authorize and direct peace officers to secure the withdrawal of blood specimens by medical personnel under section 462A.14A. Reasonable care shall be exercised to ensure the health and safety of the persons from whom specimens are withdrawn in execution of the warrants.
b. If a person from whom a specimen is to be withdrawn objects to the withdrawal of blood, the warrant may be executed as follows:
(1) If the person is capable of giving a specimen of breath, and a direct breath testing instrument is readily available, the warrant may be executed by the withdrawal of a specimen of breath for chemical testing, unless the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug.
(2) If the testimony in support of the warrant sets forth facts and information that the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a urine sample shall be collected in lieu of a blood sample, if the person is capable of giving a urine sample and the sample can be collected without the need to physically compel the execution of the warrant.
5. The act of any person knowingly resisting or obstructing the withdrawal of a specimen pursuant to a search warrant issued under section 462A.14D constitutes contempt punishable as provided in that section and further constitutes a refusal to submit. Also, if the withdrawal of a specimen is so resisted or obstructed, section 462A.14A applies.
6. Nonsubstantive variances between the contents of the original and duplicate warrants shall not cause a warrant issued under subsection 3 to be considered invalid.
7. Specimens obtained pursuant to warrants issued under this section are not subject to disposition under section 808.9 or chapter 809 or 809A.
8. Subsections 3 through 7 of this section do not apply where a test may be administered under section 462A.14A, subsection 4, paragraph “f”.
9. Medical personnel who use reasonable care and accepted medical practices in withdrawing blood specimens are immune from liability for their actions in complying with requests made of them pursuant to search warrants or pursuant to section 462A.14A.
2000 Acts, ch 1099, §6; 2021 Acts, ch 80, §298
Referred to in §462A.2, 462A.14A, 462A.14B
Subsection 8 amended
Structure Iowa Code
Chapter 462A - WATER NAVIGATION REGULATIONS
Section 462A.1 - Declaration of policy.
Section 462A.3 - Powers and duties of commission.
Section 462A.3A - Public use of water for navigation purposes.
Section 462A.3B - Reciprocity.
Section 462A.4 - Operation of unnumbered vessels prohibited.
Section 462A.5 - Registration and identification number.
Section 462A.5A - Filing bond as assurance of ownership.
Section 462A.6 - Exemption from registration provisions of this chapter.
Section 462A.6A - Exemption from display of registration and capacity numbers.
Section 462A.7 - Occurrences involving vessels.
Section 462A.8 - Transmittal of information.
Section 462A.9 - Classification and required equipment.
Section 462A.10 - Boat liveries.
Section 462A.11 - Muffling devices.
Section 462A.12 - Prohibited operation.
Section 462A.12A - Online watercraft education courses.
Section 462A.14 - Operating a motorboat or sailboat while intoxicated.
Section 462A.14A - Implied consent to test.
Section 462A.14B - Refusal to submit — penalty.
Section 462A.14C - Statement of officer.
Section 462A.14D - Tests pursuant to warrants.
Section 462A.14E - Violations of orders not to operate a motorboat or sailboat.
Section 462A.14F - Department recordkeeping.
Section 462A.15 - Water skis and surfboards.
Section 462A.16 - Regattas, races, marine parades, tournaments, or exhibitions.
Section 462A.17 - Local regulations restricted.
Section 462A.18 - Owner’s civil liability.
Section 462A.20 - Boat inspection.
Section 462A.22 - Engineer or pilot license.
Section 462A.23 - Suspension or revocation.
Section 462A.24 - Overloading of vessels.
Section 462A.26 - Right-of-way rules — speed and distance rules — zoning water areas.
Section 462A.27 - Removal of nonpermanent structures.
Section 462A.27A - Dock requirements — exemptions.
Section 462A.28 - Unworthy vessels drydocked.
Section 462A.29 - Official duty exempted.
Section 462A.30 - Aircraft restriction.
Section 462A.31 - Artificial lakes.
Section 462A.32 - Rules for buoys.
Section 462A.33 - Driving over ice.
Section 462A.34 - Authorized emergency vessels.
Section 462A.34A - Vehicles prohibited in streambed.
Section 462A.34B - Eluding or attempting to elude pursuing law enforcement vessel — penalty.
Section 462A.35 - Special certificate for manufacturer or dealer.
Section 462A.36 - Fee for special certificate — minimum requirements for issuance.
Section 462A.37 - Number assigned — special signs.
Section 462A.39 - Expiration date.
Section 462A.40 - Record of use.
Section 462A.41 - Separate certificate for each city.
Section 462A.42 - List of used boats on hand furnished.
Section 462A.43 - Transfer of ownership.
Section 462A.44 - Application for transfer.
Section 462A.45 - Transfer by dealer.
Section 462A.46 - Purchase of registered vessel by dealer.
Section 462A.47 - Transfer to dealer.
Section 462A.48 - Sales by manufacturer or dealer.
Section 462A.49 - Prohibited use of “registration applied for” card.
Section 462A.50 - Official cards only to be used.
Section 462A.51 - County recorder — duties.
Section 462A.52 - Fees remitted to commission.
Section 462A.53 - Amount of writing fees.
Section 462A.54 - Disposal of writing fees.
Section 462A.55 - Sales or use tax to be paid before registration.
Section 462A.66 - Inspection authority.
Section 462A.67 - Inspection deficiency order.
Section 462A.68 - Termination of use.
Section 462A.69 - Public use of water for navigation purposes.
Section 462A.70 - Hull identification, capacity plates, warning labels.
Section 462A.71 - Reciprocity.
Section 462A.77 - Owner’s certificate of title — in general.
Section 462A.78 - Fees — surcharge — duplicates.
Section 462A.79 - Obtaining manufacturer’s or importer’s certificate of origin.
Section 462A.80 - Hull identification number of vessel.
Section 462A.81 - Dealer’s record of vessels bought, sold, or transferred.
Section 462A.83 - Security interest in vessels — exemptions.