IA: Surveying many cases, a SW constitutionally need not be present at time of search

The state constitution does not require that a search warrant for blood be physically present at the time of the search. The court surveys many cases from state and federal courts and concludes that presence of the warrant is not required. State v. Breuer, 808 N.W.2d 195 (Iowa 2012):

At the outset, we note that Iowa has no express constitutional, statutory, or procedural provision requiring a search warrant to be physically present before a search may begin. Like the Fourth Amendment, neither the Reasonableness Clause nor the Warrant Clause of article I, section 8 mentions whether the warrant must be physically present during the search. Likewise, Iowa Code section 808.5, which governs the manner in which search warrants are to be executed, is silent on the issue. See Iowa Code § 808.5. Also, Iowa Code section 808.8 requires officers to provide a receipt or inventory of items taken after the search, but it creates in the officers no obligation to possess or present the warrant before the search begins. See id. § 808.8. Furthermore, the Iowa Rules of Criminal Procedure contain no rule explicitly requiring officers to be in physical possession of the search warrant before they may begin searching.

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