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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The officer shall, without unnecessary delay, take the person arrested pursuant to section 804.11 before the nearest or most accessible magistrate to the place where the arrest occurred.
2. At the appearance before the magistrate, the law enforcement officer shall make a showing to the magistrate, by sworn affidavit, that probable cause exists to believe that a person is a necessary and material witness to a felony and that such person might be unavailable for service of a subpoena. The magistrate may order the person released pursuant to section 811.2.
Cite this article: FindLaw.com - Iowa Code Title XVI. Criminal Law and Procedure [Chs. 687-916] § 804.23. Initial appearance of arrested material witness before magistrate - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xvi-criminal-law-and-procedure-chs-687-916/ia-code-sect-804-23/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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