Iowa Code 481A.13 – Search warrants
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1. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing that any fish, mussels, clams, frogs, birds, furs, or animals caught, taken, killed, had in possession, under control, or shipped, contrary to the Code, or hidden or concealed in any place, shall issue a search warrant and cause a search to be made in any place therefor.
Terms Used In Iowa Code 481A.13
- Conviction: A judgement of guilt against a criminal defendant.
- Director: means the director of the department or the director's designee. See Iowa Code 481A.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fish: means a member of the class Pisces. See Iowa Code 481A.1
- 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.
- Mussels: means the pearly fresh water mussels, clams or naiads, and their shells. See Iowa Code 481A.1
- Person: shall mean any person, firm, partnership, or corporation. See Iowa Code 481A.1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- property: includes personal and real property. 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.
2. The property so seized under warrant shall be safely kept under the direction of the court so long as necessary for the purpose of being used as evidence in any trial. If a trial results in a conviction, the property seized shall be confiscated by the director or the director’s officers. If the trial does not result in a conviction, the property shall be returned to the person pursuant to section 481A.13A unless the property is fish or wildlife that is illegal to possess, including fish or wildlife that was taken, possessed, or transported unlawfully.