820.10 Testing legality of arrest. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unlessthe person shall first be taken forthwith before a judge of a court of record in this state, whoshall inform the person of the demand made for surrender and of the crime with which theperson is charged, and that the person has the right to demand and procure legal counsel;and if the prisoner or the prisoner’s counsel shall state that the prisoner or they desire to testthe legality of the prisoner’s arrest, the judge of such court of record shall fix a reasonabletime to be allowed the prisoner within which to apply for a writ of habeas corpus. Whensuch writ is applied for, notice thereof, and of the time and place of hearing thereon, shall begiven to the prosecuting officer of the county in which the arrest is made and in which theaccused is in custody, and to the said agent of the demanding state. [C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.10; C79, 81, §820.10]Referred to in §820.11, 820.25 Sat Dec 23 12:35:43 2023 Iowa Code 2024, Section 820.10 (15, 0)
Iowa Legal Code