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Iowa Code Title XVI. Criminal Law and Procedure [Chs. 687-916] § 808.4A. Application for search warrant--global positioning device--issuance

Current as of January 01, 2024 | Updated by Findlaw Staff

1. A peace officer may make a written application to a magistrate for the issuance of a search warrant to authorize the placement, tracking, monitoring, or removal of a global positioning device, supported by a peace officer's oath or affirmation, which includes facts, information, and circumstances tending to establish sufficient grounds for granting the peace officer's application, and probable cause for believing the grounds exist.

<Text of subsec. 2 effective until 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.>

2. The application shall describe the person, place, or thing to be tracked or monitored by a global positioning device, or the removal of such a device from a person, place, or thing with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing. If the magistrate issues the search warrant, the magistrate shall endorse on the application the name and address of all persons upon whose sworn testimony the magistrate relied to issue the warrant together with the abstract of each witness' testimony, or the witness' affidavit. However, if the grounds for issuance are supplied by an informant, the magistrate shall identify only the peace officer to whom the information was given. The application or sworn testimony supplied in support of the application must establish the credibility of the informant or the credibility of the information given by the informant. The magistrate may in the magistrate's discretion require that a witness upon whom the applicant relies for the information appear personally and be examined concerning the information.

<Text of subsec. 2 effective upon 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.>

2. a. The application shall describe the person, place, or thing to be tracked or monitored by a global positioning device, or the removal of such a device from a person, place, or thing with sufficient specificity to enable an independent reasonable person with reasonable effort to ascertain and identify the person, place, or thing. If the magistrate issues the search warrant, the magistrate shall endorse on the application the name and address of all persons upon whose sworn testimony the magistrate relied to issue the warrant together with the abstract of each witness' testimony, or the witness' affidavit. However, if the grounds for issuance are supplied by an informant, the magistrate shall identify only the peace officer to whom the information was given. The application or sworn testimony supplied in support of the application must establish the credibility of the informant or the credibility of the information given by the informant. The magistrate may in the magistrate's discretion require that a witness upon whom the applicant relies for the information appear personally and be examined concerning the information.

b. The search warrant application and any supporting documents may be submitted to the magistrate in person or by electronic submission. If a search warrant is submitted by electronic submission, the magistrate may use electronic means to contact the person submitting the application and supporting documents to confirm the identity of the person, and may administer the person's oath or affirmation and accept the person's sworn testimony by electronic means, subject to the processes and procedures established by the judicial branch.

3. Upon a finding of probable cause to issue such a warrant, the magistrate shall issue a warrant, signed by the magistrate with the magistrate's name of office, directed to any peace officer, commanding that the peace officer place, track, monitor, or remove the global positioning device.

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Cite this article: FindLaw.com - Iowa Code Title XVI. Criminal Law and Procedure [Chs. 687-916] § 808.4A. Application for search warrant--global positioning device--issuance - last updated January 01, 2024 | https://codes.findlaw.com/ia/title-xvi-criminal-law-and-procedure-chs-687-916/ia-code-sect-808-4a/

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