808.12 Detention and search in theft of library materials and shoplifting.
1. Persons concealing property as set forth in section 711.3B or 714.5, may be detained and searched by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee, provided that the detention is for a reasonable length of time and that the search is conducted in a reasonable manner by a person of the same sex and according to subsection 2 of this section.
2. No search of the person under this section shall be conducted by any person other than someone acting under the direction of a peace officer except where permission of the one to be searched has first been obtained.
3. The detention or search under this section by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee does not render the person liable, in a criminal or civil action, for false arrest or false imprisonment provided the person conducting the search or detention had reasonable grounds to believe the person detained or searched had concealed or was attempting to conceal property as set forth in section 711.3B or 714.5.
[C62, 66, 71, 73, 75, 77, §709.22 – 709.24; C79, 81, §808.12]
2010 Acts, ch 1125, §3; 2019 Acts, ch 140, §5
Referred to in §714.5
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 808 - SEARCH AND SEIZURE
Section 808.2 - Authorization.
Section 808.3 - Application for search warrant.
Section 808.4A - Application for search warrant — global positioning device — issuance.
Section 808.6 - Forcible execution.
Section 808.7 - Detention and search of persons on premises.
Section 808.9 - Safekeeping of seized property.
Section 808.10 - Maliciously suing out a warrant — officer exceeding authority.
Section 808.11 - Transmission of papers to district court clerk.
Section 808.12 - Detention and search in theft of library materials and shoplifting.
Section 808.13 - Confidentiality.
Section 808.14 - Administrative warrants.
Section 808.15 - Unmanned aerial vehicle — information — admissibility.