Terms Used In Iowa Code 507E.8

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
507E.8 Law enforcement authority.
1. An individual employed by the division and designated as a peace officer shall be
considered a law enforcement officer as that term is defined in § 80B.3, and shall exercise the powers of a law enforcement officer as follows:
a. For purposes of an arrest resulting from a criminal violation of any provision of the Code subject to the jurisdiction of the commissioner established as a result of an investigation pursuant to this chapter or chapter 502, 502A, 507A, 523A, 523C, 523D, or 523I.
b. While conducting an investigation or engaged in an assignment authorized by this chapter or chapter 502, 502A, 507A, 523A, 523C, 523D, or 523I.
c. To protect life if a public offense is committed in the presence of the peace officer.
d. While providing assistance to a law enforcement agency or another law enforcement officer.
2. Laws applicable to an arrest of an individual by a law enforcement officer of the state shall apply to an individual employed by the division and designated as a peace officer. An individual employed by the division and designated as a peace officer shall have the power to execute arrest warrants and search warrants, serve subpoenas issued for the examination, investigation, and trial of all offenses identified through the course of an investigation conducted pursuant to this section, and arrest upon probable cause without warrant a person found in the act of committing a violation of a law of this state.
94 Acts, ch 1072, §8; 2011 Acts, ch 70, §7; 2020 Acts, ch 1016, §4; 2021 Acts, ch 181, §4;
2023 Acts, ch 19, §2731
Referred to in §97B.49B, 502.604A
Section amended