172B.5 - AUTHORITY OF LAW ENFORCEMENT OFFICERS.
172B.5 AUTHORITY OF LAW ENFORCEMENT OFFICERS.
1. Investigation. A law enforcement officer may stop and
detain a person, whether on or off a highway, who is transporting
livestock for the purpose of obtaining compliance with section
172B.2, and the officer may request the presentation or execution of
a transportation certificate. The officer may examine the livestock
for identification, the vehicle for the purpose of obtaining the
vehicle registration plate number, and the registration of the
vehicle and the driver's license of the driver or person detained.
However, nothing in this chapter shall be construed to authorize any
law enforcement officer to open or require the opening of the cargo
compartment of any vehicle manufactured for use in carrying
refrigerated cargo when both the cargo is actually under
refrigeration at the time the vehicle is detained by the law
enforcement officer, and the person operating the vehicle has in
possession when stopped a valid transportation certificate or
approved shipping document which was executed by the shipper and
which identifies the cargo as processed livestock and otherwise
complies with section 172B.3, subsection 2.
2. Execution of certificate. If the person transporting
livestock does not possess a completed transportation certificate, or
if in the opinion of the officer the form possessed is improper, the
officer may provide the person with a blank standard form, and may
request that the person execute the form, including the person's
signature. The person shall be permitted to view any documents in the
person's possession for the purpose of completing the form. Except as
provided in section 172B.4, the officer shall retain a copy of the
certificate and shall give the person a receipt for that certificate.
3. Detention. A law enforcement officer may detain a person
transporting livestock for a reasonable period of time not to exceed
thirty minutes for the purpose of verifying any information obtained
by the officer.
4. Arrest. A detention for the purposes of subsections 1, 2
and 3 shall not constitute an arrest. If the law enforcement officer
has probable cause to believe that the person transporting livestock
has committed a public offense, the officer may place the person
under arrest. The officer may require the person to move the vehicle
to a place determined by the officer, or the officer may make other
provisions for the vehicle and the livestock, as the officer shall
determine. If the owner of the livestock is not available, the
officer is authorized to incur reasonable expense for the care of the
livestock which expense shall be charged to and paid by the owner of
the livestock. Section History: Early Form
[C77, 79, 81, § 172B.5] Section History: Recent Form
90 Acts, ch 1230, §3; 98 Acts, ch 1073, §9