Use-of-Force Continuum: Iowa Statutory Definitions
Training
Citation
First enacted and effective Jul. 1, 2020
Summary and Notes
The provision provides that the use of a chokehold, as defined in the bill, by a peace officer while making an arrest is only justified when the person being arrested has used or threatened to use deadly force in committing a felony, or when the peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. These are the same circumstances under which the use of deadly force by a peace officer during an arrest is justified under current law.
Relevant Excerpt
804.8 Use of force by peace officer making an arrest.
1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following apply:
a. The person has used or threatened to use deadly force in committing a felony.
b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended.
2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid.
3. For purposes of this section, “chokehold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air.