Iowa Code § 808.1

Current through bills signed by governor as of 5/17/2024

Section 808.1 - [See Note] Definitions

For purposes of this chapter, unless the context otherwise requires:

1."Search warrant" means an order in writing , in the name of the state, signed by a magistrate, and directed to a peace officer commanding the officer to search a person, premises, or thing, issued pursuant to the requirements of section 808.3, or to place, track, monitor, or remove a global positioning device, issued pursuant to the requirements of section 808.3A .

2."Affidavit" means a written declaration or statement of fact made under oath, or legally sufficient affirmation, submitted in person or by electronic submission before any person authorized to administer oaths within or without the state.

3."Electronic" or "electronically" means relating to technology having electrical, digital, magnetic, telephonic, wireless, optical, electromagnetic, or similar capabilities. For governmental agencies, this may include alternate software to exchange electronic records with the court's electronic document management system.

4."Electronic submission" means the process by which a person may electronically submit an application for a search warrant and any supporting documents to the court for review or other court action.

Iowa Code § 808.1

Amended by 2017 Iowa, ch 37,s 3, eff. on the effective date of rules prescribed by the supreme court and submitted to the legislative council pursuant to section 602.4202, that establish processes and procedures for the application and issuance of a search warrant by electronic means to implement this Act..

Amended by 2017 Iowa, ch 37,s 2, eff. on the effective date of rules prescribed by the supreme court and submitted to the legislative council pursuant to section 602.4202, that establish processes and procedures for the application and issuance of a search warrant by electronic means to implement this Act..

Amended by 2014 Iowa, ch 1083,s 1, eff. 7/1/2014.

C51, §3291; R60, §5024; C73, §4629; C97, §5545; C24, 27, 31, §13418; C35, §13441-g1; C39, § 13441.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 751.1; C79, 81, § 808.1 .

See § 622.85; R.Cr.P. 2.36

This section is set out more than once due to postponed, multiple, or conflicting amendments.