Requiring written permission from a county sheriff before an arrest, search, or seizure may be conducted within a county under the county sheriff’s jurisdiction by any federal or out-of-state law enforcement officer or agent and any Iowa law enforcement officer or agent from outside the county sheriff’s jurisdiction, establishing a private right of action, and making penalties applicable

This bill requires written permission from a county sheriff before an arrest, search, or seizure may be conducted within a county under the county sheriff’s jurisdiction by any federal or out-of-state law enforcement officer or agent and any Iowa law enforcement officer or agent from outside the county sheriff’s jurisdiction, and establishes a private right of action. The bill provides that the county sheriff is the chief law enforcement officer of the county in which the sheriff is elected. Except as otherwise provided, all federal and out-of-state law enforcement officers or agents and all Iowa law enforcement officers and agents from outside a county sheriff’s jurisdiction must receive the written permission of the county sheriff or the sheriff’s designee prior to making an arrest or conducting a search or seizure within the county under the county sheriff’s jurisdiction. The bill specifies the information that must be contained in the written request. The request must be submitted in person and must be signed by the county sheriff or sheriff’s designee to constitute valid permission. Permission is valid for hours after it is signed. The bill provides that a law enforcement officer or other agent not designated by state law as an Iowa peace officer may make an arrest, search, or seizure in this state without the written permission of the county sheriff or sheriff’s designee of the county in which the arrest, search, or seizure is to occur if any of the following circumstances exist: the arrest, search, or seizure will take place in a federal enclave for which jurisdiction has been lawfully ceded to the United States by state law; the law enforcement officer or agent witnesses the commission of a crime, the nature of which requires an immediate arrest, as authorized by law; the intended subject of the arrest, search, or seizure is an employee of the county sheriff’s office or is an elected county or state officer, in which case written permission is required by the state attorney general; the intended subject of the arrest, search, or seizure is the county sheriff that has been deputized by an outside agency, in which case written permission is required by the state attorney general; or the law enforcement officer or agent has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the county sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure, in which case written permission is required by the state attorney general or a special prosecutor if the attorney general is the intended subject. The bill provides that a federal or out-of-state law enforcement officer or agent and an Iowa law enforcement officer or agent from outside a county sheriff’s jurisdiction who conducts an arrest, search, or seizure or attempted arrest, search, or seizure in violation of the bill shall be charged with and prosecuted for the following offenses by the county attorney: kidnapping, if an arrest or attempted arrest occurs; trespass, if a search or attempted search occurs; theft, if a seizure or attempted seizure occurs; homicide, if loss of life occurs; or any other applicable criminal offense. The bill specifies that a county sheriff; county attorney; the governor; the lieutenant governor; the state attorney general; the United States department of justice; the federal bureau of investigation; the federal bureau of alcohol, tobacco, firearms and explosives; and any other appropriate agency or department shall be provided copies of the provisions contained in the bill.653A may bring an action at law, within two years of the violation, to recover actual damages and equitable relief as the court deems necessary including temporary and permanent injunctive relief, costs of the action, and reasonable attorney fees.653A constitutes willful and wanton disregard for the rights or safety of another, in addition to an award of actual damages, statutory damages up to three times the amount of actual damages may be awarded.653A.