820.3 Demand in writing.
No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 820.6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person’s bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
[R60, §4521; C73, §4174; C97, §5171; C24, 27, 31, 35, 39, §13501; C46, §759.5; C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.3; C79, 81, §820.3]
Referred to in §820.6
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.