2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.10 - TESTS PURSUANT TO WARRANTS.

        321J.10  TESTS PURSUANT TO WARRANTS.
         1.  Refusal to consent to a test under section 321J.6 does not
      prohibit the withdrawal of a specimen for chemical testing pursuant
      to a search warrant issued in the investigation of a suspected
      violation of section 707.5 or 707.6A if all of the following grounds
      exist:
         a.  A traffic accident has resulted in a death or personal
      injury reasonably likely to cause death.
         b.  There are reasonable grounds to believe that one or more
      of the persons whose driving may have been the proximate cause of the
      accident was violating section 321J.2 at the time of the accident.
         2.  Search warrants may be issued under this section in full
      compliance with chapter 808 or they may be issued under subsection 3.

         3.  Notwithstanding section 808.3, the issuance of a search
      warrant under this section may be based upon sworn oral testimony
      communicated by telephone if the magistrate who is asked to issue the
      warrant is satisfied that the circumstances make it reasonable to
      dispense with a written affidavit.  The following shall then apply:
         a.  When a caller applies for the issuance of a warrant under
      this section and the magistrate becomes aware of the purpose of the
      call, the magistrate shall place under oath the person applying for
      the warrant.
         b.  The person applying for the warrant shall prepare a
      duplicate warrant and read the duplicate warrant, verbatim, to the
      magistrate who shall enter, verbatim, what is read to the magistrate
      on a form that will be considered the original warrant.  The
      magistrate may direct that the warrant be modified.
         c.  The oral application testimony shall set forth facts and
      information tending to establish the existence of the grounds for the
      warrant and shall describe with a reasonable degree of specificity
      the person or persons whose driving is believed to have been the
      proximate cause of the accident and from whom a specimen is to be
      withdrawn and the location where the withdrawal of the specimen or
      specimens is to take place.
         d.  If a voice recording device is available, the magistrate
      may record by means of that device all of the call after the
      magistrate becomes aware of the purpose of the call.  Otherwise, the
      magistrate shall cause a stenographic or longhand memorandum to be
      made of the oral testimony of the person applying for the warrant.
         e.  If the magistrate is satisfied from the oral testimony
      that the grounds for the warrant exist or that there is probable
      cause to believe that they exist, the magistrate shall order the
      issuance of the warrant by directing the person applying for the
      warrant to sign the magistrate's name on the duplicate warrant.  The
      magistrate shall immediately sign the original warrant and enter on
      its face the exact time when the issuance was ordered.
         f.  The person who executes the warrant shall enter the time
      of execution on the face of the duplicate warrant.
         g.  The magistrate shall cause any record of the call made by
      means of a voice recording device to be transcribed, shall certify
      the accuracy of the transcript, and shall file the transcript and the
      original record with the clerk.  If a stenographic or longhand
      memorandum was made of the oral testimony of the person who applied
      for the warrant, the magistrate shall file a signed copy with the
      clerk.
         h.  The clerk of court shall maintain the original and
      duplicate warrants along with the record of the telephone call and
      any transcript or memorandum made of the call in a confidential file
      until a charge, if any, is filed.
         4. a.  Search warrants issued under this section shall
      authorize and direct peace officers to secure the withdrawal of blood
      specimens by medical personnel under section 321J.11.  Reasonable
      care shall be exercised to ensure the health and safety of the
      persons from whom specimens are withdrawn in execution of the
      warrants.
         b.  If a person from whom a specimen is to be withdrawn
      objects to the withdrawal of blood, the warrant may be executed as
      follows:
         (1)  If the person is capable of giving a specimen of breath, and
      a direct breath testing instrument is readily available, the warrant
      may be executed by the withdrawal of a specimen of breath for
      chemical testing, unless the peace officer has reasonable grounds to
      believe that the person was under the influence of a controlled
      substance, a drug other than alcohol, or a combination of alcohol and
      another drug.
         (2)  If the testimony in support of the warrant sets forth facts
      and information that the peace officer has reasonable grounds to
      believe that the person was under the influence of a controlled
      substance, a drug other than alcohol, or a combination of alcohol and
      another drug, a urine sample shall be collected in lieu of a blood
      sample, if the person is capable of giving a urine sample and the
      sample can be collected without the need to physically compel the
      execution of the warrant.
         5.  The act of any person knowingly resisting or obstructing the
      withdrawal of a specimen pursuant to a search warrant issued under
      this section constitutes a contempt punishable by a fine not
      exceeding one thousand dollars or imprisonment in a county jail not
      exceeding one year or by both such fine and imprisonment.  Also, if
      the withdrawal of a specimen is so resisted or obstructed, sections
      321J.9 and 321J.16 apply.
         6.  Nonsubstantive variances between the contents of the original
      and duplicate warrants shall not cause a warrant issued under
      subsection 3 of this section to be considered invalid.
         7.  Specimens obtained pursuant to warrants issued under this
      section are not subject to disposition under section 808.9 or chapter
      809 or 809A.
         8.  Subsections 1 to 7 of this section do not apply where a test
      may be administered under section 321J.7.
         9.  Medical personnel who use reasonable care and accepted medical
      practices in withdrawing blood specimens are immune from liability
      for their actions in complying with requests made of them pursuant to
      search warrants or pursuant to section 321J.11.  

         86 Acts, ch 1220, § 10; 90 Acts, ch 1233, § 21; 96 Acts, ch 1133,
      § 44; 98 Acts, ch 1138, §18
         Referred to in § 321J.10A