804.8 Use of force by peace officer making an arrest.
1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following apply:
a. The person has used or threatened to use deadly force in committing a felony.
b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended.
2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid.
3. For purposes of this section, “chokehold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air.
[C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §804.8]
2013 Acts, ch 90, §238; 2020 Acts, ch 1037, §2
Referred to in §704.12, 811.8
Reasonable or deadly force, see chapter 704
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.