Cedar Rapids Criminal Lawyer: Arrest and What You Should Know
by David A. Cmelik Law PLC
It should come as no surprise that the legal definition of arrest tracks an every day understanding. Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person’s submission to custody. Iowa Code Sec. 804.5.
Peace officers are authorized to make arrests in Iowa. Iowa Code Sec. 804.6.
Peace officers may make an arrest:
1. For a public offense committed or attempted in the peace officer’s presence.
2. Where a public offense has in fact been committed, and the peace officer has reasonable ground for believing that the person to be arrested has committed it.
3. Where the peace officer has reasonable ground for believing that an indictable public offense has been committed and has reasonable ground for believing that the person to be arrested has committed it.
4. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued.
5. When the peace officer has a reasonable belief that a domestic abuse assault has occurred.
A magistrate may issue an arrest warrant for this purpose on the submission of a complaint. Iowa Code Sec. 804.1.
Note that 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 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."
See Iowa Code Sec. 804.8
Use of force is not authorized by law to resist an arrest even if the arrestee believes the arrest is unjustified. See Iowa Code 804.12.
The proper time and place to challenge the justification for an arrest is in a courtroom during a vigorous defense.
If you or a loved one has been arrested for a criminal offense in Cedar Rapids, Iowa, or other Iowa community, contact David A. Cmelik Law PLC.
However, remember that a blog is not legal advice and that sending unsolicited information to a lawyer over the Internet does not establish an attorney-client relationship.
Arrest arrest in Iowa is what you think it is: taking a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. If you or a loved one has been arrested in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, contact David A. Cmelik Law PLC for a free initial consultation today at 319-389-1889.