804.1 Arrest by warrant — complaint and citation defined.
1. A criminal proceeding may be commenced by the filing of a complaint before a magistrate. When such complaint is made, charging the commission of some designated public offense in which such magistrate has jurisdiction, and it appears from the complaint or from affidavits filed with it that there is probable cause to believe an offense has been committed and a designated person has committed it, the magistrate shall, except as otherwise provided, issue a warrant for the arrest of such person.
2. If the complaint charges a public offense, the magistrate may issue a citation instead of a warrant of arrest. The citation shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the magistrate issuing the citation at a time and place stated in the citation. The magistrate shall prescribe the manner of service for the citation at the time the citation is issued.
3. The citation may be served in the same manner as an original notice in a civil action.
4. If the person named in the citation is actually served as provided herein and willfully fails without good cause to appear as commanded by the citation, the person shall be guilty of a simple misdemeanor and the magistrate may issue a warrant of arrest for the offense originally charged.
5. If after issuing a citation the magistrate becomes satisfied that the person to whom such citation has been directed will not appear, the magistrate may at once issue a warrant of arrest without waiting for the date mentioned in the citation.
[C51, §2822; R60, §4530; C73, §4111, 4185; C97, §5101, 5182; C24, 27, 31, 35, 39, §13458 – 13460; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §754.1 – 754.3; C79, 81, §804.1]
83 Acts, ch 50, §1, 7; 2016 Acts, ch 1011, §121
Referred to in §708.11, 805.8C(3)(a)
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 804 - COMMENCEMENT OF ACTIONS — ARREST — DISPOSITIONS OF PRISONERS
Section 804.1 - Arrest by warrant — complaint and citation defined.
Section 804.2 - Contents of arrest warrant.
Section 804.3 - Order for bail — endorsed on warrant.
Section 804.5 - Arrest defined.
Section 804.6 - Persons authorized to make an arrest.
Section 804.7 - Arrests by peace officers.
Section 804.7A - Arrests by federal law enforcement officers.
Section 804.7B - Arrests by out-of-state peace officers.
Section 804.8 - Use of force by peace officer making an arrest.
Section 804.9 - Arrests by private persons.
Section 804.10 - Use of force in arrest by private person.
Section 804.11 - Arrest of material witness.
Section 804.12 - Use of force in resisting arrest.
Section 804.13 - Use of force in preventing an escape.
Section 804.14 - Manner of making arrest — warrant.
Section 804.15 - Breaking and entering premises — demand to enter.
Section 804.16 - Time of arrest.
Section 804.17 - Summoning aid.
Section 804.18 - Taking weapons.
Section 804.19 - Receipt given.
Section 804.20 - Communications by arrested persons.
Section 804.21 - Initial appearance before magistrate — arrest by warrant — release — bond schedule.
Section 804.22 - Initial appearance before magistrate — arrest without warrant.
Section 804.23 - Initial appearance of arrested material witness before magistrate.
Section 804.24 - Arrests by private persons — disposition of prisoner.
Section 804.25 - Bail — discharge.
Section 804.26 - Officer’s return.
Section 804.27 - Conveying prisoner to jail — fees and expenses.
Section 804.28 - Department of public safety prisoners.
Section 804.29 - Confidentiality.
Section 804.31 - Arrest of deaf or hard-of-hearing person — use of interpreters — fee.