Iowa Criminal Jury Instructions
CHAPTER 400 JUSTIFICATION

400.9 Justification – Elements – [Citizen’s] Arrest of Another for Felony.

A person is justified in using reasonable force if [he][she] reasonably believes the force is necessary to make an arrest or to prevent serious injury to another.

If the State has proved any of the following elements, the defendant was not justified:

1. A felony had not been [committed] [attempted] in the defendant’s presence by the person to be arrested.

2. The defendant did not have reasonable grounds to believe the person to be arrested committed the felony.

3. The defendant did not reasonably believe the force used was necessary to [make the arrest] [prevent serious injury to another].

Authority

Iowa Code sections 704.12, 804.8, 804.9, 804.10, 804.13

State v. Lawler, 571 N.W.2d 486 (Iowa 1997)

Comment

Note: A citizen’s arrest is a defense to charges of false imprisonment and assault. State v Lawler, 571 N.W.2d 486 (Iowa 1997)

Note: Iowa Criminal Jury Instruction J.I. Crim._ J.I. Crim._

Note: Use of reasonable force is also authorized when arresting another at a peace officer’s request ( Iowa Code section 804.10, 804.17), when assisting a private person in making an arrest ( Iowa Code section 804.13), and when preventing the escape of an arrested person from custody ( Iowa Code section 804.13). This instruction may be modified accordingly.

Updated 6/2020

 

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