808.3 Application for search warrant.
1. A person may make application for the issuance of a search warrant by submitting before a magistrate a written application, supported by the person’s oath or affirmation, which includes facts, information, and circumstances tending to establish sufficient grounds for granting the application, and probable cause for believing that the grounds exist. The application shall describe the person, place, or thing to be searched and the property to be seized with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing.
2. If the magistrate issues the search warrant, the magistrate shall endorse on the application the name and address of all persons upon whose sworn testimony the magistrate relied to issue the warrant together with the abstract of each witness’ testimony, or the witness’ affidavit. However, if the grounds for issuance are supplied by an informant, the magistrate shall identify only the peace officer to whom the information was given. The application or sworn testimony supplied in support of the application must establish the credibility of the informant or the credibility of the information given by the informant. The magistrate may in the magistrate’s discretion require that a witness upon whom the applicant relies for information appear personally and be examined concerning the information.
[C51, §2722; R60, §1565, 4364; C73, §1544, 1545, 4027; C97, §2413, 2414, 4963; S13, §4965-b, 5007-a; SS15, §2413; C24, 27, 31, §1578, 1968, 1969, 13200, 13211; C35, §13441-g4; C39, §13441.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.4; C79, 81, §808.3]
85 Acts, ch 39, §1; 98 Acts, ch 1117, §1
Referred to in §321J.10, 462A.14D, 808.1
See
R.Cr.P. 2.36
For future amendments to section contingent upon adoption of rules by the supreme court regarding electronic search warrants, see
2017 Acts, ch 37, §4, 9
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.