When Police Are Called to a House
Iowa Code § 804.7 — an arrest on reasonable grounds to believe domestic abuse occurred
A peace officer may arrest when the officer has reasonable grounds to believe domestic abuse occurred and that the person to be arrested committed it.
A first domestic abuse assault is a simple misdemeanor, a serious misdemeanor with bodily injury, and an aggravated misdemeanor with intent to seriously injure, a dangerous weapon, or impeding breathing by pressure on the throat or neck.
The Fourth Amendment draws its firmest line at the entrance to a home, and the Supreme Court of the United States has held where it falls in situations police meet at a door. Absent consent or exigent circumstances, officers may not enter a home without a warrant to make a routine felony arrest. Where one occupant consents to a search of a shared home and another who is physically present expressly refuses, the search is unreasonable as to the one who refused. And officers may enter without a warrant when they have an objectively reasonable basis for believing someone inside is seriously injured or imminently threatened with such injury. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (5)
- Iowa Code § 804.7 — Arrests by peace officers
- Iowa Code § 708.2A — Domestic abuse assault — mandatory minimums, penalties enhanced — extension of no-contact order
- Payton v. New York, 445 U.S. 573 (1980) — Warrantless entry into a home to make a routine arrest is barred
- Georgia v. Randolph, 547 U.S. 103 (2006) — A present occupant's refusal defeats another occupant's consent
- Brigham City v. Stuart, 547 U.S. 398 (2006) — Police may enter to render emergency aid
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Iowa attorney.