804.11 Arrest of material witness.
1. When a law enforcement officer has probable cause 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 officer may arrest such person as a material witness with or without an arrest warrant.
2. At the time of the arrest, the law enforcement officer shall inform the person of:
a. The officer’s identity as a law enforcement officer.
b. The reason for the arrest which is that the person is believed to be a material witness to an identified felony and that the person might be unavailable for service of a subpoena.
[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, §804.11]
2013 Acts, ch 90, §239
Referred to in §804.23
Fees to material witnesses, §815.6
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.