80.9A - AUTHORITY AND DUTIES OF PEACE OFFICERS OF THE DEPARTMENT.
80.9A AUTHORITY AND DUTIES OF PEACE OFFICERS OF THE
DEPARTMENT.
1. A peace officer of the department when authorized by the
commissioner shall have and exercise all the powers of any other
peace officer of the state.
2. When a peace officer of the department is acting in
cooperation with any other local peace officer, or county attorney in
general criminal investigation work, or when acting on a special
assignment by the commissioner, the jurisdiction of the peace officer
is statewide.
3. A peace officer may administer oaths, acknowledge signatures,
and take voluntary testimony pursuant to the peace officer's duties
as provided by law.
4. An authorized peace officer of the department designated to
conduct examinations, investigations, or inspections and enforce the
laws relating to controlled or counterfeit substances shall have all
the authority of other peace officers and may arrest a person without
warrant for offenses under this chapter committed in the peace
officer's presence or, in the case of a felony, if the peace officer
has probable cause to believe that the person arrested has committed
or is committing such offense. A peace officer of the department
shall have the same authority as other peace officers to seize
controlled or counterfeit substances or articles used in the
manufacture or sale of controlled or counterfeit substances which
they have reasonable grounds to believe are in violation of law.
Such controlled or counterfeit substances or articles shall be
subject to forfeiture.
5. In more particular, the duties of a peace officer shall be as
follows:
a. To enforce all state laws.
b. To enforce all laws relating to traffic on the public
highways of the state, including those relating to the safe and legal
operation of passenger cars, motorcycles, motor trucks and buses; to
see that proper safety rules are observed; and to give first aid to
the injured.
c. To investigate all fires; to apprehend persons suspected
of arson; to enforce all safety measures in connection with the
prevention of fires; and to disseminate fire-prevention education.
6. A peace officer shall not exercise the general powers of a
peace officer within the limits of any city, except as follows:
a. When so ordered by the direction of the governor.
b. When request is made by the mayor of any city, with the
approval of the commissioner.
c. When request is made by the sheriff or county attorney of
any county with the approval of the commissioner.
d. While in the pursuit of law violators or in investigating
law violations.
e. While making any inspection provided by this chapter, or
any additional inspection ordered by the commissioner.
f. When engaged in the investigating and enforcing of fire
and arson laws.
g. When engaged in the investigation and enforcement of laws
relating to narcotic, counterfeit, stimulant, and depressant drugs.
7. The limitations specified in subsection 6 shall in no way be
construed as a limitation on the power of peace officers when a
public offense is being committed in their presence.
8. a. A peace officer of the department, when authorized by
the commissioner, may act in concert with, under the direction of, or
otherwise serve as a state actor for an officer or agent of the
federal government.
b. If serving as a state actor for an officer or agent of the
federal government as provided in paragraph "a", the peace
officer shall be considered acting within the scope of the employee's
office or employment as defined in section 669.2, subsection 1. Section History: Recent Form
2008 Acts, ch 1031, §88; 2009 Acts, ch 88, §15
Referred to in § 80B.13
Forfeiture procedures, see chapter 809A