820.10 Testing legality of arrest.
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person shall first be taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or the prisoner’s counsel shall state that the prisoner or they desire to test the legality of the prisoner’s arrest, the judge of such court of record shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.10; C79, 81, §820.10]
Referred to in §820.11, 820.25
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 820 - UNIFORM CRIMINAL EXTRADITION ACT
Section 820.2 - Arrest of fugitives.
Section 820.3 - Demand in writing.
Section 820.4 - Investigation by attorney general.
Section 820.5 - Persons imprisoned in another state.
Section 820.6 - Criminal acts committed in third state.
Section 820.7 - Warrant for arrest.
Section 820.8 - Authority of warrant.
Section 820.9 - Authority of peace officer.
Section 820.10 - Testing legality of arrest.
Section 820.11 - Penalty for willful disobedience.
Section 820.12 - Confinement in jail.
Section 820.13 - Arrest on affidavit.
Section 820.14 - Arrest without warrant.
Section 820.15 - Holding to await requisition.
Section 820.16 - Bail — exceptions.
Section 820.17 - Discharge or recommitment.
Section 820.18 - Forfeiture of bond.
Section 820.19 - Criminal prosecution pending.
Section 820.20 - Guilt or innocence of person held.
Section 820.21 - Warrant recalled.
Section 820.22 - Receiving person extradited.
Section 820.23 - Application for extradition.
Section 820.24 - Expenses — how paid.
Section 820.25 - Waiver by person arrested.
Section 820.26 - State’s rights not deemed waived.
Section 820.27 - Trial for other crimes.