808.3 Application for search warrant. 1. A person may make application for the issuance of a search warrant by submitting before a magistrate a written application, supported by the person’s oath or affirmation,which includes facts, information, and circumstances tending to establish sufficient groundsfor granting the application, and probable cause for believing that the grounds exist. Theapplication shall describe the person, place, or thing to be searched and the property to beseized with sufficient specificity to enable an independent reasonable person with reasonableeffort to ascertain and identify the person, place, or thing. 2. 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 magistraterelied to issue the warrant together with the abstract of each witness’ testimony, or thewitness’ affidavit. However, if the grounds for issuance are supplied by an informant, themagistrate shall identify only the peace officer to whom the information was given. Theapplication or sworn testimony supplied in support of the application must establish thecredibility of the informant or ate shall identify only the peace officer to whom the information was given. Theapplication or sworn testimony supplied in support of the application must establish thecredibility of the informant or the credibility of the information given by the informant. Themagistrate may in the magistrate’s discretion require that a witness upon whom the applicantrelies for information appear personally and be examined concerning the information. [C51, §2722; R60, §1565, 4364; C73, §1544, 1545, 4027; C97, §2413, 2414, 4963; S13, §4965-b, 5007-a; SS15, §2413; C24, 27, 31, §1578, 1968, 1969, 13200, 13211; C35, §13441-g4;C39, §13441.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.4; C79, 81, §808.3] 85 Acts, ch 39, §1; 98 Acts, ch 1117, §1Referred to in §321J.10, 462A.14D, 808.1See R.Cr.P. 2.36For future amendments to section contingent upon adoption of rules by the supreme court regarding electronic search warrants, see 2017 Acts, ch 37, §4, 9 Sat Dec 23 12:33:55 2023 Iowa Code 2024, Section 808.3 (22, 0)
Iowa Legal Code