In this article, we explain what rights an individual has when arrested in Iowa and answer the following questions:
If you’ve been stopped by the police or arrested in Iowa the Constitution of the United States provides you with certain rights that you can exercise. Many believe that a warrant is necessary to arrest someone, but this is not always true. There are many scenarios that allow officers to apprehend an individual at their discretion. In many stop and frisk situations, an officer arrests an individual without an arrest warrant if the officer believes there is probable cause or if he or she believes a crime was committed.
After the officer officially informs you of your rights you can invoke them by telling the officer you don’t want to answer any questions without your lawyer present and wish to remain silent. Once you have invoked your right to remain silent, legally, you should not, under any circumstances respond to any questions from the arresting officers who attempt to question you at the police station. As the many television shows and movies like to remind us, “Anything you say may be used against you in a court of law.” This may seem obvious, but it’s important to remember that a police officer or detective’s job is to ultimately get a confession. Once you’ve been arrested there is no law barring them from asking you questions before your lawyer arrives. Other rights to be aware of when arrested in Iowa:
If there is a warrant for your arrest an officer can certainly pull you over or arrest you if you are out in public or at home. Without an arrest warrant, an officer can still pull you over for a number of reasons. You can ask the officer why he or she pulled you over but they are not legally required to tell you. At this point, without a warrant, the officer cannot arrest you without probable cause. The office can claim probable cause for any number of reasons, such as a crime being immediately committed, seeing a weapon sitting in the open on your car seat, finding an illegal substance in your vehicle, etc. The last note is important to remember because the officer is required to have a search warrant to go through your vehicle. In general, it’s best to politely decline an officer’s request to search your vehicle if they do not have a warrant to do so.
There is an entire process of being arrested and booked in Iowa that is beyond the scope of this article. However, depending on what you were arrested for, you may be questioned at the police station prior to your booking. If you don’t plan on pleading guilty you should continue to exercise your right to remain silent. You should also ask for a lawyer immediately upon arrival at the police station or if they bring you into a room for questioning. Within a reasonable amount of time, you have the right to make one phone call to anyone you choose. If you speak to your lawyer you have the right to a confidential conversation that the police cannot listen in on. Once arrested you have the right to be brought before a judge without unreasonable delay, this is the Initial Appearance. Unreasonable delay in Iowa is 24 hours. At the Initial Appearance, the judge will make a decision on what conditions will be imposed for your release until your first court hearing. These conditions can be anything from release without bail needed, release with supervision, or a cash bond (bail).
Bail and Bond are two terms often used interchangeably when referring to getting someone released from jail prior to their court date. The main difference is posting bail refers to paying the entirety of whatever amount is set by the judge and posting bond involves paying 10% to a bond company (and usually some form of collateral, such as your house, to cover the rest). Neither are part of the defendant’s possible punishment, but rather a way to increase the likelihood the defendant will abide by certain conditions and return for his or her court hearings.
O'Flaherty Law is happy to meet with you by phone or at our office locations in: