§ 809a-6

809A.6 Seizure of property for forfeiture. 1. A peace officer may seize property for forfeiture upon process issued by any district judge, district associate judge, or magistrate. The court may issue a seizure warrant on anaffidavit under oath demonstrating that probable cause exists for its forfeiture or that theproperty has been the subject of a previous final judgment of forfeiture in the courts of anystate or of the United States. The court may order that the property be seized on such termsand conditions as are reasonable in the discretion of the court. The order may be made on orin connection with a search warrant. 2. Peace officers may seize property for forfeiture without process on probable cause to believe that the property is subject to forfeiture under this chapter and if exigentcircumstances exist or if the property has already been seized for a purpose other thanforfeiture. 3. The seizure of inhabited residential real property for forfeiture which is accompanied by removing or excluding its residents shall be done pursuant to a preseizure adversarialjudicial determination of probable cause, except that this determination may be made exparte if the prosecuting

y removing or excluding its residents shall be done pursuant to a preseizure adversarialjudicial determination of probable cause, except that this determination may be made exparte if the prosecuting attorney has demonstrated exigent circumstances. 4. a. Property may be seized constructively by:(1) Posting notice of seizure for forfeiture or notice of pending forfeiture on the property.(2) Giving notice pursuant to section 809A.8.(3) Filing or recording in the public records relating to that type of property notice of seizure for forfeiture, notice of pending forfeiture, a forfeiture lien, or a notice of lis pendens. b. Filings or recordings made pursuant to this subsection are not subject to a filing fee or other charge. 5. The seizing agency, or the prosecuting attorney, shall make a reasonable effort to provide notice of the seizure to the person from whose possession or control the propertywas seized and to any person who has a security interest in the property. If no person isin possession or control of the property, the seizing agency may attach the notice to theproperty or to the place of its seizure or may make a reasonable effort to deliver it to theowner of the property.

ossession or control of the property, the seizing agency may attach the notice to theproperty or to the place of its seizure or may make a reasonable effort to deliver it to theowner of the property. The notice shall contain a general description of the property seized,the date and place of seizure, the name of the seizing agency, and the address and telephonenumber of the seizing officer or other person or agency from whom information about theseizure may be obtained. 6. A person who acts in good faith and in a reasonable manner pursuant to this section to comply with an order of the court or a request of a law enforcement officer is not liable toany person for acts done in reasonable compliance with the order or request. In addition, aninference of guilt shall not be drawn from the fact that a person refuses a law enforcementofficer’s request to deliver the property. 7. A possessory lien of a person from whose possession property is seized is not affected by the seizure. 96 Acts, ch 1133, §6; 2013 Acts, ch 30, §261Referred to in §809A.1, 809A.4, 809A.5 Sat Dec 23 12:34:22 2023 Iowa Code 2024, Section 809A.6 (18, 0)