804.8. Use of force by peace officer making an arrest | Statutes | Westlaw

804.8. Use of force by peace officer making an arrest | Statutes | Westlaw

View on Westlaw or start a FREE TRIAL today, 804.8. Use of force by peace officer making an arrest, Statutes
Skip Page Header

804.8. Use of force by peace officer making an arrest

IA ST § 804.8Iowa Code AnnotatedTitle XVI. Criminal Law and Procedure [Chs. 687-916]Effective: July 1, 2020 (Approx. 2 pages)

804.8. Use of force by peace officer making an arrest

IA ST § 804.8Iowa Code AnnotatedTitle XVI. Criminal Law and Procedure [Chs. 687-916]Effective: July 1, 2020 (Approx. 2 pages)

Iowa Code Annotated
Title XVI. Criminal Law and Procedure [Chs. 687-916] (Refs & Annos)
Subtitle 2. Criminal Procedure [Chs. 748-899] (Refs & Annos)
Chapter 804. Commencement of Actions--Arrest--Dispositions of Prisoners (Refs & Annos)
Effective: July 1, 2020
I.C.A. § 804.8
804.8. Use of force by peace officer making an arrest
1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following apply:
a. The person has used or threatened to use deadly force in committing a felony.
b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended.
2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid.
3. For purposes of this section, “chokehold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air.

Credits

Added by Acts 1976 (66 G.A.) ch. 1245 (ch. 2), § 411, eff. Jan. 1, 1978. Amended by Acts 1977 (67 G.A.) ch. 152, § 1, eff. Jan. 1, 1978; Acts 2013 (85 G.A.) ch. 90, H.F. 556, § 238; Acts 2020 (88 G.A.) ch. 1037, H.F. 2647, § 2, eff. July 1, 2020.
I. C. A. § 804.8, IA ST § 804.8
Current with legislation effective 5/9/2024 from the 2024 Regular Session, subject to changes made by Iowa Code Editor for Code 2025.
End of Document© 2024 Thomson Reuters. No claim to original U.S. Government Works.