804.23 Initial appearance of arrested material witness before magistrate.
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.
[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]
2018 Acts, ch 1041, §127
Referred to in §804.21
Proceedings before magistrate, see
R.Cr.P. 2.2
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.