Bill Text: IA HF2452 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act relating to the issuance and execution of a search warrant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Introduced, referred to Judiciary. H.J. 297. [HF2452 Detail]

Download: Iowa-2021-HF2452-Introduced.html

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House File 2452 - Introduced
HOUSE FILE 2452
BY BENNETT
A BILL FOR
An Act relating to the issuance and execution of a search
warrant.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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H.F. 2452
Section 1. Section 808.4, Code 2022, is amended to read as
follows:
808.4 Issuance.
1. Upon a finding of probable cause for grounds to issue a
search warrant, the magistrate shall issue a search warrant,
signed by the magistrate with the magistrate’s name of office,
directed to any peace officer, commanding that peace officer
forthwith to search the named person, place, or thing within
the state for the property specified, and to bring any property
seized before the magistrate.
2. The magistrate shall specify that the search warrant
shall be executed only during daytime hours unless the
magistrate authorizes the execution of the search warrant at
another time for good cause shown.
Sec. 2. Section 808.5, Code 2022, is amended to read as
follows:
808.5 Execution.
1. A search warrant may be executed by any peace officer
who shall be recognizable and identifiable as a uniformed
peace officer and who shall provide audible notice of the
peace officer’s authority and purpose to the occupants of the
place to be searched reasonably expected to be heard by the
occupants of the place to be searched prior to the execution
of the search warrant . No persons other than those authorized
by this section shall execute search warrants except in aid of
those so authorized and on such authorized person’s request,
the authorized person being present and acting.
2. The warrant may shall be executed in the daytime or in
the nighttime unless a magistrate has authorized the execution
of the search warrant at another time for good cause shown
under section 808.4 .
3. No peace officer shall execute or participate in the
execution of a no-knock search warrant. For purposes of this
subsection, “no-knock search warrant” means a search warrant
authorizing a peace officer to enter a certain place without
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H.F. 2452
first knocking and announcing the officer’s presence or
purpose.
4. After entering and securing the place to be searched
and prior to undertaking any search or seizure pursuant to the
search warrant, the peace officer shall read and give a copy
of the search warrant to the person to be searched or the owner
of the place to be searched or, if the owner is not present,
to any occupant of the place to be searched. If the place to
be searched is unoccupied, the peace officer shall leave a
copy of the search warrant suitably affixed to the place to be
searched.
5. The warrant, when executed, shall be forthwith returned
to the issuing magistrate. Where the property to be seized has
been, or is susceptible of being, removed from the officer’s
jurisdiction, the officer executing the warrant may pursue it
and search for property designated in the warrant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the issuance and execution of a search
warrant.
The bill provides that the magistrate issuing a search
warrant shall specify the search warrant be executed only
during daytime hours unless the magistrate authorizes the
execution of the search warrant at another time for good cause
shown.
The bill provides that a search warrant may be executed by
any peace officer who shall be recognizable and identifiable as
a uniformed peace officer and who shall provide audible notice
of the peace officer’s authority and purpose to the occupants
of the place to be searched reasonably expected to be heard by
the occupants of the place to be searched prior to execution of
the search warrant. The search warrant shall be executed in
the daytime unless a magistrate has authorized the execution
of the search warrant at another time for good cause shown as
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H.F. 2452
provided in Code section 808.4.
The bill provides that no peace officer shall execute or
participate in the execution of a no-knock search warrant,
defined in the bill.
The bill provides that after entering and securing the
place to be searched and prior to undertaking any search or
seizure pursuant to the search warrant, the peace officer
shall read and give a copy of the search warrant to the person
to be searched or the owner of the place to be searched or,
if the owner is not present, to any occupant of the place to
be searched. If the place to be searched is unoccupied, the
peace officer shall leave a copy of the search warrant suitably
affixed to the place to be searched.
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