Searching Across State Lines

[santaclaus]

I LIVE IN iOWA. CAN A SOUTH DAKOTA DEPUTY COME ACROSS STATE LINES AND SEARCH HOMES WITHOUT AN IOWA DEPUTY THERE?

[BOR]

Depends on the authority granted them by Iowa law?

If we are talking about fresh pursuit for a felony, then crossing state lines is permissable. If the suspect then flees into a HOME, it then becomes another Q of law if he can enter, depending on the felony committed. If Iowa law does not permit thier officer's to enter a home for a non violent felony pursuit, then they will not permit neighboring state's officers to so so either.

Iowa statutes:

CHAPTER 806

UNIFORM FRESH PURSUIT LAW
806.1 Authority of officers from another state.
806.2 Procedure following arrest.
806.3 Construction of statute.
806.4 Officers from District of Columbia.
806.5 Definitions of terms.
806.6 Chapter title.


806.1 Authority of officers from another state.
Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §756.1; C79, 81, §806.1]

OR, if he had a search or arrest warrant from SD, could be some other law permits it to be executed in Iowa without local authorities present??

This may be since it would save on extradition costs.


If this happened to you, your attorney can advise on the legalities of it.

Neighboring states sometimes have compacts like this concerning border jurisdiction??