808.1 Definitions.
224 words·~1 min read·
/ia/chapter-808-search-and-seizure/808-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this chapter, unless the context otherwise requires:
1. “Affidavit” means a written declaration or statement of fact made under oath, or legally sufficient affirmation, submitted in person or by electronic submission before any person authorized to administer oaths within or without the state.
2. “Electronic” or “electronically” means relating to technology having electrical, digital, magnetic, telephonic, wireless, optical, electromagnetic, or similar capabilities. For governmental agencies, this may include alternate software to exchange electronic records with the court’s electronic document management system.
3. “Electronic submission” means the process by which a person may electronically submit an application for a search warrant and any supporting documents to the court for review or other court action.
4. “Search warrant” means an order in writing, in the name of the state, signed by a magistrate, and directed to a peace officer commanding the officer to search a person, premises, or thing, issued pursuant to the requirements of section 808.3, or to place, track, monitor, or remove a global positioning device, issued pursuant to the requirements of section 808.4A.
[C51, §3291; R60, §5024; C73, §4629; C97, §5545; C24, 27, 31, §13418; C35, §13441-g1; C39, §13441.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §751.1; C79, 81, §808.1]
2014 Acts, ch 1083, §1; 2017 Acts, ch 37, §2, 3, 9
Affidavits, see §622.85; R.Cr.P. 2.36