809A.18 Powers of enforcement personnel.
1. A prosecuting attorney may conduct an investigation of any conduct that gives rise to forfeiture. The prosecuting attorney is authorized, before the commencement of a proceeding or action under this chapter, to subpoena witnesses, and compel their attendance, examine them under oath, and require the production of documentary evidence for inspection, reproducing, or copying. Except as otherwise provided by this section, the prosecuting attorney shall proceed under this subsection with the powers and limitations, and judicial oversight and enforcement, and in the manner provided by this chapter and by the Iowa rules of civil procedure. Any person compelled to appear under a demand for oral testimony under this section may be accompanied, represented, and advised by counsel.
2. The examination of all witnesses under this section shall be conducted by the prosecuting attorney before an officer authorized to administer oaths. The testimony shall be taken by a certified shorthand reporter or by a sound recording device and shall be transcribed or otherwise preserved. The prosecuting attorney may exclude from the examination all persons except the witness, the witness’s counsel, the officer before whom the testimony is to be taken, law enforcement officials, and a certified shorthand reporter. Prior to oral examination, the person shall be advised of the person’s right to refuse to answer any questions on the basis of the privilege against self-incrimination. The examination shall be conducted in a manner consistent with the rules dealing with the taking of depositions.
3. Except as otherwise provided in this section, prior to the filing of a civil or criminal proceeding or action relating to such a proceeding, documentary material, transcripts, or oral testimony, in the possession of the prosecuting attorney, shall not be available for examination by any individual other than a law enforcement official or agent of such official without the consent of the person who produced the material, transcripts, or oral testimony.
4. A person shall not knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject of a subpoena, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the prosecuting attorney under this section. A violation of this subsection is a class “D” felony. The prosecuting attorney shall investigate and prosecute suspected violations of this subsection.
96 Acts, ch 1133, §18; 98 Acts, ch 1074, §41
Referred to in §809A.19
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 809A - FORFEITURE REFORM ACT
Section 809A.2 - Jurisdiction and venue.
Section 809A.3 - Conduct giving rise to forfeiture.
Section 809A.4 - Property subject to forfeiture.
Section 809A.6 - Seizure of property for forfeiture.
Section 809A.7 - Property management and preservation.
Section 809A.8 - Commencement of forfeiture proceedings — property release requirements.
Section 809A.10 - Trustees — penalties.
Section 809A.11 - Claims — petitions for recognition of exemption.
Section 809A.12 - Judicial proceedings generally.
Section 809A.12A - Limitations on civil forfeiture.
Section 809A.12B - Proportionality review.
Section 809A.13 - In rem proceedings.
Section 809A.14 - In personam proceedings.
Section 809A.15 - Substituted assets — supplemental remedies.
Section 809A.16 - Disposition of property.
Section 809A.17 - Allocation of forfeited property.
Section 809A.18 - Powers of enforcement personnel.
Section 809A.18A - Recordkeeping.
Section 809A.19 - Immunity orders.
Section 809A.20 - Statute of limitations.
Section 809A.21 - Summary forfeiture of controlled substances.
Section 809A.22 - Bar to collateral action.
Section 809A.23 - Statutory construction.