State v. Dowell

McCORMICK, Justice.

The question here is whether a person arrested for an alleged parole violation has a right to have the proceedings against him dismissed with prejudice when the arresting officer does not take him “before a magistrate without unnecessary delay for an initial appearance” as required by § 908.2, The Code. We granted discretionary review of a magistrate’s order overruling defendant David James Dowell’s motion to dismiss alleging such a right. We affirm.

The relevant facts are undisputed. An information charging defendant with parole violation for changing his address without…