§ 809a-18

809A.18 Powers of enforcement personnel. 1. A prosecuting attorney may conduct an investigation of any conduct that gives rise to forfeiture. The prosecuting attorney is authorized, before the commencement of a proceeding or action under this chapter, to subpoena witnesses, and compel theirattendance, examine them under oath, and require the production of documentary evidencefor inspection, reproducing, or copying. Except as otherwise provided by this section, theprosecuting attorney shall proceed under this subsection with the powers and limitations,and judicial oversight and enforcement, and in the manner provided by this chapter and bythe Iowa rules of civil procedure. Any person compelled to appear under a demand for oraltestimony under this section may be accompanied, represented, and advised by counsel. 2. The examination of all witnesses under this section shall be conducted by the prosecuting attorney before an officer authorized to administer oaths. The testimony shall be taken by a certified shorthand reporter or by a sound recording device and shallbe transcribed or otherwise preserved.

ttorney before an officer authorized to administer oaths. The testimony shall be taken by a certified shorthand reporter or by a sound recording device and shallbe transcribed or otherwise preserved. The prosecuting attorney may exclude from theexamination all persons except the witness, the witness’s counsel, the officer before whomthe testimony is to be taken, law enforcement officials, and a certified shorthand reporter.Prior to oral examination, the person shall be advised of the person’s right to refuse to answerany questions on the basis of the privilege against self-incrimination. The examination shallbe conducted in a manner consistent with the rules dealing with the taking of depositions. 3. Except as otherwise provided in this section, prior to the filing of a civil or criminal proceeding or action relating to such a proceeding, documentary material, transcripts, or oraltestimony, in the possession of the prosecuting attorney, shall not be available for examinationby any individual other than a law enforcement official or agent of such official without theconsent of the person who produced the material, transcripts, or oral testimony. 4.

ailable for examinationby any individual other than a law enforcement official or agent of such official without theconsent of the person who produced the material, transcripts, or oral testimony. 4. A person shall not knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any documentary material that is the subject ofa subpoena, with intent to avoid, evade, prevent, or obstruct compliance in whole or in partby any person with any duly served subpoena of the prosecuting attorney under this section.A violation of this subsection is a class 'D' felony. The prosecuting attorney shall investigateand prosecute suspected violations of this subsection. 96 Acts, ch 1133, §18; 98 Acts, ch 1074, §41Referred to in §809A.19 Sat Dec 23 12:34:29 2023 Iowa Code 2024, Section 809A.18 (17, 0)