reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.296 - Motion to suppress, grounds for.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 1974
542.296. Motion to suppress, grounds for. —
1. A person aggrieved by an unlawful seizure made by an officer and against whom there is a pending criminal proceeding growing out of the subject matter of the seizure may file a motion to suppress the use in evidence of the property or matter seized. For the purposes of this section, a pending criminal proceeding shall mean any criminal investigation being conducted with the intention of using the seized subject matter in seeking an indictment or information or when an information has been issued or an indictment returned.
2. The motion to suppress shall be in writing. It shall be filed with the court in which there is pending against the moving party a criminal proceeding growing out of the subject matter of the seizure.
3. The motion shall be made before the commencement of the trial of the moving party on the charge arising out of the seizure unless he was unaware of the grounds or had no opportunity to do so before the trial. In that event the motion may be made during the trial. However, the trial judge may in his discretion entertain a motion any time during trial.
4. Notice shall be given to the prosecuting attorney of the date, time, place and nature of the hearing.
5. The motion to suppress may be based upon any one or more of the following grounds:
(1) That the search and seizure were made without warrant and without lawful authority;
(2) That the warrant was improper upon its face or was illegally issued, including the issuance of a warrant without proper showing of probable cause;
(3) That the property seized was not that described in the warrant and that the officer was not otherwise lawfully privileged to seize the same;
(4) That the warrant was illegally executed by the officer;
(5) That in any other manner the search and seizure violated the rights of the movant under Section 15 of Article I of the Constitution of Missouri, or the fourth and fourteenth amendments of the Constitution of the United States.
6. The judge shall receive evidence on any issue of fact necessary to the decision of the motion. The burden of going forward with the evidence and the risk of nonpersuasion shall be upon the state to show by a preponderance of the evidence that the motion to suppress should be overruled.
7. If the motion is sustained, the judge shall order the property or matter delivered to the moving party, unless its retention is authorized or required by section 542.301, or by any other law of this state.
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(L. 1974 S.B. 366 § 8)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.300 - Prisoners may be searched.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
Effective - 28 Aug 1939
542.300. Prisoners may be searched. —
Any associate circuit judge who shall commit any person charged with an offense to jail, or by whom any vagrant or disorderly person shall be committed, shall cause such person to be searched, for the purpose of discovering any money or property he may have, and if any be found, the same shall be taken into possession by the sheriff, and applied to the support of such person while in confinement, and to the payment of any costs which may be adjudged against him on account of the offense for which he is charged.
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(RSMo 1939 § 4163)
Prior revisions: 1929 § 3773; 1919 § 4119; 1909 § 5324
CROSS REFERENCE:
State highway patrol may take weapons from person arrested, 43.200
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.404 - Application for an order — authorization by attorney general — approval by judge, probable cause required.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002
542.404. Application for an order — authorization by attorney general — approval by judge, probable cause required. —
1. The elected prosecuting attorney of the county with the written authorization of the attorney general of the state of Missouri may make application for an order authorizing the interception of a wire communication. The supreme court of Missouri, upon notice that the attorney general of the state of Missouri has authorized application for an interception of a wire communication, shall appoint a circuit court from a circuit other than the circuit where the application originates to approve or deny the application and to issue any necessary orders. Such court may grant, in conformity with sections 542.400 to 542.422, an order authorizing the interception of wire communications by the law enforcement agency having responsibility for the investigation of the offense if there is probable cause to believe that the interception may provide evidence of a felony which involves the manufacture or distribution of a controlled substance, as the term is defined by section 195.016, or the felony of murder, arson, or kidnapping, or a terrorist threat as defined in section 574.115, or any conspiracy to commit any of the foregoing.
2. Any order entered pursuant to the provisions of sections 542.400 to 542.422 shall require live monitoring by appropriate law enforcement personnel of the interception of any wire communication.
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(L. 1989 H.B. 277, et al. § 3, A.L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.406 - Disclosure of contents — privileged communications.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002
542.406. Disclosure of contents — privileged communications. —
1. Any investigative officer or law enforcement officer who, by any means authorized by sections 542.400 to 542.422, has lawfully obtained knowledge of the contents of any wire communication, or evidence derived therefrom, may disclose such contents to another investigative officer or law enforcement officer to the extent that such disclosure is necessary to the proper performance of the official duties of the officer making or receiving the disclosure for investigative purposes only.
2. Any investigative officer or law enforcement officer who, by any means authorized by sections 542.400 to 542.422, has lawfully obtained knowledge of the contents of any wire or oral communication, or evidence derived therefrom, may use such contents to the extent such use is necessary to the proper performance of his official duties.
3. Any person who has received, by any means authorized by sections 542.400 to 542.422, any information concerning a wire communication, or evidence derived therefrom, intercepted in accordance with the provisions of sections 542.400 to 542.422 shall disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any criminal proceeding, including deposition in any court or in any grand jury proceeding, subject to the rules of evidence.
4. No otherwise privileged wire communication intercepted in accordance with, or in violation of, the provisions of sections 542.400 to 542.422 shall lose its privileged character and shall be suppressed upon motion.
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(L. 1989 H.B. 277, et al. § 4, A.L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.412 - Contents may be used as evidence, when — disclosure of additional evidence to defendant.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002
542.412. Contents may be used as evidence, when — disclosure of additional evidence to defendant. —
1. The contents of any intercepted wire communications or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in federal or state court nor in any administrative proceeding unless each party, in compliance with supreme court rules relating to discovery in criminal cases, hearings and proceedings, has been furnished with a copy of the court order and accompanying application under which the interception was authorized or approved and a transcript of any intercepted wire communication or evidence derived therefrom.
2. If the defense in its request designates material or information not in the possession or control of the state, but which is, in fact, in the possession or control of other governmental personnel, the state shall use diligence and make good faith efforts to cause such materials to be made available to the defendant's counsel, and if the state's efforts are unsuccessful and such material or other governmental personnel are subject to the jurisdiction of the court, the court, upon request, shall issue suitable subpoenas or orders to cause such material or information to be made available to the state for disclosure to the defense.
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(L. 1989 H.B. 277, et al. § 7, A.L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.414 - Suppression of contents, grounds — right of state to appeal suppression motion, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002
542.414. Suppression of contents, grounds — right of state to appeal suppression motion, when. —
1. Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, the state, or a political subdivision thereof, may move to suppress the contents of any intercepted wire communication, or evidence derived therefrom, on the grounds that:
(1) The communication was unlawfully intercepted;
(2) The order of authorization or approval under which it was intercepted is insufficient on its face;
(3) The interception was not made in conformity with the order of authorization or approval; or
(4) The communication was intercepted in violation of the provisions of the Constitution of the United States or the state of Missouri or in violation of a state statute.
­­Such motion shall be made before the trial, hearing, or proceeding unless there was no reasonable opportunity to make such motion or the person was not aware of the existence of grounds for the motion. If the motion is granted, the contents of the intercepted wire communication, or evidence derived therefrom or the contents of any communication intercepted as a result of any extension of the original order authorizing or approving the interception of wire communication, and any evidence derived therefrom, shall be treated as having been obtained in violation of sections 542.400 to 542.422.
2. In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress made under subsection 1 of this section if the prosecuting attorney shall certify to the court or other official granting such motion that the appeal be taken within thirty days after the date the order was entered and shall be diligently prosecuted.
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(L. 1989 H.B. 277, et al. § 8, A.L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.418 - Use of contents of wiretap in civil action, limitations on — illegal wiretap, cause of action, damages, attorney fees and costs — good faith reliance on court order a prima facie defense.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002
542.418. Use of contents of wiretap in civil action, limitations on — illegal wiretap, cause of action, damages, attorney fees and costs — good faith reliance on court order a prima facie defense. —
1. The contents of any wire communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any civil or administrative proceeding, except in civil actions brought pursuant to this section.
2. Any person whose wire communication is intercepted, disclosed, or used in violation of sections 542.400 to 542.422 shall:
(1) Have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use such communications; and
(2) Be entitled to recover from any such person:
(a) Actual damages, but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation or ten thousand dollars whichever is greater;
(b) Punitive damages on a showing of a willful or intentional violation of sections 542.400 to 542.422; and
(c) A reasonable attorney's fee and other litigation costs reasonably incurred.
3. A good faith reliance on a court order or on the provisions of section 542.408 shall constitute a prima facie defense to any civil or criminal action brought under sections 542.400 to 542.422.
4. Nothing contained in this section shall limit any cause of action available prior to August 28, 1989.
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(L. 1989 H.B. 277, et al. § 10, A.L. 2002 S.B. 712)
(1998) Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo.App. W.D.).
(1999) Section applies only to exclude evidence obtained pursuant to an authorized wiretap. Phillips v. American Motorist Insurance Co., 996 S.W.2d 584 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.420 - Evidence obtained in violation of law may not be used.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002, 2 histories
542.420. Evidence obtained in violation of law may not be used. —
Whenever any wire communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a state, or a political subdivision thereof if the disclosure of that information would be in violation of sections 542.400 to 542.422.
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(L. 1989 H.B. 277, et al. § 11, A.L. 2002 S.B. 712)
(1998) Communications between a cellular phone and a regular wire phone are wire communications within the purview of the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo.App. W.D.).
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.422 - Injunctions of felony violations of sections 542.400 to 542.424, procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 28 Aug 2002
542.422. Injunctions of felony violations of sections 542.400 to 542.424, procedure. —
Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a felony violation of sections 542.400 to 542.422, the attorney general may initiate a civil action in a circuit court to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the state or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the rules of civil procedure except that, if an indictment has been returned against the respondent, discovery is governed by the rules of criminal procedure.
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(L. 1989 H.B. 277, et al. § 12, A.L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.425 - Criminal investigations, site of criminal conduct undetermined, attorney general may subpoena witnesses and documents.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
• Effective - 01 Jan 2017, see footnote
542.425. Criminal investigations, site of criminal conduct undetermined, attorney general may subpoena witnesses and documents. —
In the course of a criminal investigation under chapter 566 or 573, when the venue of the alleged criminal conduct cannot be readily determined without further investigation, the attorney general may request the prosecuting attorney of Cole County to request a circuit or associate circuit judge of Cole County to issue a subpoena to any witness who may have information for the purpose of oral examination under oath or to require access to data or the production of books, papers, records, or other material of evidentiary nature at the office of the attorney general. If, upon review of the evidence produced pursuant to the subpoenas, it appears that a violation of chapter 566 or 573 may have been committed, the attorney general shall provide the evidence produced pursuant to subpoena to an appropriate county prosecuting attorney or circuit attorney having venue over the criminal offense.
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(L. 2009 H.B. 62, A.L. 2014 S.B. 491)
Transferred 2014; formerly 566.013; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures › Section 542.525 - Surveillance or game cameras on private property, state and local government prohibited from placing without landowner consent.

Title XXXVII CRIMINAL PROCEDURE
Chapter 542
Effective - 28 Aug 2021
542.525. Surveillance or game cameras on private property, state and local government prohibited from placing without landowner consent. —
No employee of a state agency or a political subdivision of the state shall place any surveillance camera or game camera on private property without first obtaining consent from the landowner or the landowner's
*
designee; a search warrant as required by and under Article I, Section 15 of the Constitution of Missouri or the Fourth and Fourteenth Amendments of the Constitution of the United States; or permission from the highest ranking law enforcement chief or officer of the agency or political subdivision, provided that permission of the highest ranking law enforcement chief or officer of the agency or political subdivision is valid only when the camera is facing a location that is open to public access or use and the camera is located within one hundred feet of the intended surveillance location.
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(L. 2021 H.B. 369 merged with S.B. 26)
*Words "his or her" appear in original rolls of H.B. 369, 2021.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 543 - Proceedings in Misdemeanor and Infraction Cases › Section 543.200 - Either party may demand jury.

Title XXXVII CRIMINAL PROCEDURE
Chapter 543
Effective - 28 Aug 1993
543.200. Either party may demand jury. —
In misdemeanor cases, after the plea of the defendant has been entered, if he pleads not guilty, the defendant or prosecuting attorney may demand a jury; but if no jury is demanded, the case may be tried by the associate circuit judge.
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(RSMo 1939 § 3825, A.L. 1945 p. 750 § 20, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)
Prior revisions: 1929 § 3435; 1919 § 3780; 1909 § 4988
(1956) Appeal from conviction in city court is to be tried de novo in the same manner as if case originated in court of criminal correction. Thus defendant on request is entitled to jury trial. City of St. Louis v. Moore (A.), 288 S.W.2d 383.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 543 - Proceedings in Misdemeanor and Infraction Cases › Section 543.210 - Jury — number — selection.

Title XXXVII CRIMINAL PROCEDURE
Chapter 543
Effective - 02 Jan 1979, see footnote
543.210. Jury — number — selection. —
If the case is thereafter tried before an associate circuit judge, the jury shall be composed of twelve persons, unless a less number shall be agreed upon, but not less than six. The selection of the jury and the practice and procedure relative to the jury in a case tried before an associate circuit judge shall be the same as in a case tried before a circuit judge except as otherwise provided herein.
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(RSMo 1939 § 3826, A.L. 1945 p. 750 § 21, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3436; 1919 § 3781; 1909 § 4989
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 543 - Proceedings in Misdemeanor and Infraction Cases › Section 543.220 - Proceedings, how governed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 543
Effective - 28 Aug 1993
543.220. Proceedings, how governed. —
1. All proceedings upon the trial of misdemeanors and infractions before associate circuit judges shall be governed by the practice in criminal cases before circuit judges, so far as the same may be applicable, and in respect to which no provision is made by statute.
2. All proceedings upon the trial of infractions before associate circuit judges shall be governed by the practice in criminal cases before circuit judges, so far as the same may be applicable, and in respect to which no provision is made by statute, except that there shall be no right to a jury trial.
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(RSMo 1939 § 3836, A.L. 1945 p. 750 § 29, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)
Prior revisions: 1929 § 3446; 1919 § 3791; 1909 § 4999
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 543 - Proceedings in Misdemeanor and Infraction Cases › Section 543.270 - Fine payable in installments.

Title XXXVII CRIMINAL PROCEDURE
Chapter 543
Effective - 28 Aug 2019, 3 histories
543.270. Fine payable in installments. —
When a fine is assessed by a municipal judge, associate circuit judge, or circuit judge, it shall be within his or her discretion to provide for the payment of the fine on an installment basis under such terms and conditions as he or she may deem appropriate. In no event shall the recovery of costs incurred by a municipality or county for the detention, imprisonment, or holding of any person be the subject of any condition of probation, nor shall the failure to pay such costs be the sole basis for the issuance of a warrant.
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(L. 1978 H.B. 1634, A.L. 2019 H.B. 192)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 543 - Proceedings in Misdemeanor and Infraction Cases › Section 543.335 - Appeal — records, how kept.

Title XXXVII CRIMINAL PROCEDURE
Chapter 543
Effective - 28 Aug 1997
543.335. Appeal — records, how kept. —
In any case tried with a jury before an associate circuit judge or on assignment under procedures applicable before circuit judges, or in any misdemeanor case or county ordinance violation case, a record shall be kept and any person aggrieved by a judgment rendered in any such case may have an appeal upon that record to the appropriate appellate court. At the discretion of the judge, but in compliance with the rules of the supreme court, the record may be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices. Whenever an appeal is taken in a case recorded by means other than a court reporter, the clerk of the court or division in control thereof shall forward the tape or record or whatever device used therefor to the clerk of the supreme court or to the clerk of the court of appeals wherein the appeal is lodged. The supreme court and the courts of appeals may arrange for the written transcript of the testimony so preserved pursuant to rules and procedures promulgated by the supreme court.
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(L. 1978 H.B. 1634, A.L. 1984 S.B. 602, A.L. 1997 S.B. 248)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.010 - Magistrate defined.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
Effective - 02 Jan 1979, see footnote
544.010. Magistrate defined. —
The term
"magistrate"
, as used in this chapter, shall mean those officers authorized by section 542.020 to issue process to preserve the peace, unless from the context of the law it appears that the term refers to magistrates created by Section 18 of Article V of the Constitution in effect on and prior to January 1, 1979, in which event the term shall mean an associate circuit judge or a division of the circuit court presided over by an associate circuit judge.
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(1949 H.B. 2141 § 544.01, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.020 - Issuance of warrant upon complaint.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
Effective - 28 Aug 2004
544.020. Issuance of warrant upon complaint. —
Whenever complaint shall be made, in writing and upon oath, to any associate circuit judge setting forth that a felony has been committed, and the name of the person accused thereof, it shall be the duty of such associate circuit judge to issue a warrant reciting the accusation, and commanding the officer to whom it shall be directed forthwith to take the accused and bring him before such associate circuit judge, to be dealt with according to law. The complaint may be made and the warrant may be issued via facsimile or other electronic means.
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(RSMo 1939 § 3857, A. 1949 H.B. 2141, A.L. 2004 S.B. 1211)
Prior revisions: 1929 § 3467; 1919 § 3812; 1909 § 5020
(1955) After individual had been arrested on complaint filed in magistrate court on murder charge, probate court had no jurisdiction of proceeding to have him committed as indigent insane person. State ex rel. Lamar v. Impey, 365 Mo. 437, 283 S.W.2d 480.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.030 - Issuance of warrants by associate circuit judge.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
Effective - 28 Aug 1939
544.030. Issuance of warrants by associate circuit judge. —
Warrants authorized by law to be issued in criminal cases may be under the hand of the associate circuit judge issuing the same, and shall be as valid and effectual, in all respects, as if sealed.
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(RSMo 1939 § 4179)
Prior revisions: 1929 § 3789; 1919 § 4135; 1909 § 5340
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.040 - Bail, associate circuit judge may grant, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1972
544.040. Bail, associate circuit judge may grant, when. —
If the offense charged is a bailable one, the associate circuit judge who issued the warrant may, at the request of the person arrested, release him as provided in section 544.455 for his appearance at the next term of the court having jurisdiction of the offense.
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(RSMo 1939 § 3858, A.L. 1972 H.B. 1160)
Prior revisions: 1929 § 3468; 1919 § 3813; 1909 § 5021
(1959) Where defendant was arrested in 1956 on his release from state penitentiary on a 1953 warrant charging him with forgery and after his release gave a bond on the postponement of his preliminary hearing, the offense was barred by limitations since an information or indictment was not filed in three years, and the bond consequently was invalid. State v. Haverstick (Mo.), 326 S.W.2d 92.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.050 - Recognizances.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.050. Recognizances. —
All recognizances required or authorized to be taken in any criminal proceedings in open court, by any court of record, shall be entered on the minutes of such court and the substance thereof shall be read to the person recognized. All other recognizances in any criminal matter or proceeding, or in any proceeding of a similar nature, shall be in writing and shall be subscribed by the parties to be bound thereby.
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(RSMo 1939 § 4180)
Prior revisions: 1929 § 3790; 1919 § 4136; 1909 § 5341
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.060 - Issuance of warrants by clerk upon indictments.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.060. Issuance of warrants by clerk upon indictments. —
When an indictment is found, the court may direct the clerk to issue a warrant returnable forthwith; and if no order is made he must issue warrants upon all indictments as soon as practicable after the close of the term, unless otherwise ordered by the judge or prosecuting attorney; provided, that no warrants shall be issued for persons who may be in custody at the time of the finding of such indictment, and in cases where two or more indictments are found against one person, but one warrant shall be issued, which shall enumerate the several offenses charged in the indictments. At the time of issuing a warrant, the clerk shall issue subpoenas for the witnesses on behalf of the state, but such subpoenas shall not be served until the defendant is arrested or in custody.
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(RSMo 1939 § 3956)
Prior revisions: 1929 § 3567; 1919 § 3910; 1909 § 5117
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.070 - Issuance of process.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.070. Issuance of process. —
A warrant or other process for the arrest of the defendant indicted may be issued by the court in which such indictment shall have been found or may be pending, or by the judge or clerk thereof, or by any judge of the supreme court, and by no other officers, and may be directed to and executed in any county in this state.
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(RSMo 1939 § 3955)
Prior revisions: 1929 § 3566; 1919 § 3909; 1909 § 5116
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.080 - Issuance of warrant to sheriff — execution.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.080. Issuance of warrant to sheriff — execution. —
The warrant shall issue to the sheriff of the county where the indictment or information is filed, unless the prosecuting attorney directs it to be issued to some other county; warrants may be issued to different counties at the same time. The sheriff must execute the warrant and subpoenas immediately after receiving them.
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(RSMo 1939 § 3957)
Prior revisions: 1929 § 3568; 1919 § 3911; 1909 § 5118
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.090 - Warrants, where executed.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1993
544.090. Warrants, where executed. —
Warrants issued by those persons vested by Section 1 of Article V of the Constitution of Missouri with the judicial power of the state may be executed in any part of this state.
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(RSMo 1939 § 3859, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)
Prior revisions: 1929 § 3469; 1919 § 3814; 1909 § 5022
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.100 - Arrest in another county — procedure.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1949
544.100. Arrest in another county — procedure. —
If the person against whom any warrant granted by an associate circuit judge, mayor or chief officer of a city or town shall be issued, escape or be in any other county, it shall be the duty of any associate circuit judge authorized to issue a warrant in the county in which such offender may be or is suspected to be, on proof of the handwriting of the associate circuit judge issuing the warrant to endorse his name thereon, and thereupon the offender may be arrested in such county by the officer bringing such warrant, or any officer within the county within which the warrant is so endorsed; and any such warrant may be executed in any county within this state by the officer to whom it is directed, if the clerk of the county commission of the county in which the warrant was issued shall endorse upon or annex to the warrant his certificate, with the seal of said commission affixed thereto, that the officer who issued such warrant was at the time an acting officer fully authorized to issue the same, and that his signature thereto is genuine.
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(RSMo 1939 § 3860, A. 1949 H.B. 2141)
Prior revisions: 1929 § 3470; 1919 § 3815; 1909 § 5023
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.110 - Escape to another county when guilty of felony.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.110. Escape to another county when guilty of felony. —
When any person who shall have committed a felony in one county shall escape into another, any associate circuit judge within the county in which such offender may be found may, upon complaint in writing and upon oath being made before him charging such person with such offense, issue his warrant for the apprehension of such offender, and the officer making the arrest shall convey the prisoner to the county in which the offense is charged to have been committed, as prescribed in section 544.260.
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(RSMo 1939 § 3861)
Prior revisions: 1929 § 3471; 1919 § 3816; 1909 § 5024
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.120 - Attempted escape of felon, officers to pursue — arrest.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.120. Attempted escape of felon, officers to pursue — arrest. —
Whenever any felony shall be committed, and the offender attempt to escape, public notice thereof shall be immediately given, at all places near where the same was committed, and pursuit shall be forthwith made after the offender by sheriffs, coroners and constables, and all others who shall be thereto required by any such officers; and the offender may be arrested by any such officer or his assistants without warrant.
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(RSMo 1939 § 3882)
Prior revisions: 1929 § 3492; 1919 § 3837; 1909 § 5045
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.130 - Attempted escape, proceeding after arrest.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.130. Attempted escape, proceeding after arrest. —
When any person shall be so pursued and arrested, he shall be immediately taken before some associate circuit judge authorized to act under the provisions of this chapter, who shall proceed thereon in the same manner as if the prisoner had been arrested on a warrant.
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(RSMo 1939 § 3883)
Prior revisions: 1929 § 3493; 1919 § 3838; 1909 § 5046
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.145 - Governor may offer reward for escaped felon — payment.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1957
544.145. Governor may offer reward for escaped felon — payment. —
The governor may offer a reward of not to exceed three hundred dollars for the apprehension and delivery to the proper sheriff or other officer designated by him, of any person charged with or convicted of a felony and who has broken prison, escaped or fled from justice and absconded or secreted himself. The proper sheriff on delivery of the fugitive shall give his receipt therefor and the governor, upon presentation of the receipt, shall certify the amount of the reward to the commissioner of administration for payment out of the state treasury.
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(L. 1957 p. 378 § 544.155)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.150 - Reward by county commission.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.150. Reward by county commission. —
Whenever the county commission of any county in this state, or any two commissioners thereof in vacation, shall be satisfied that any felony has been committed in said county, such commission or commissioners may, at their discretion, offer a standing reward of not exceeding five hundred dollars for the apprehension and arrest of the person or persons committing the same, which reward shall be paid out of the county treasury; but in no instance shall any reward, or any part thereof, be paid to any person who may be entitled thereto until final conviction of the defendant.
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(RSMo 1939 § 3890)
Prior revisions: 1929 § 3500; 1919 § 3845; 1909 § 5053
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.160 - Escaped prisoner may be retaken after term expires.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.160. Escaped prisoner may be retaken after term expires. —
If any person sentenced to imprisonment in a county jail or in the penitentiary on a conviction for a criminal offense shall escape, he may be pursued, retaken and imprisoned again, notwithstanding the term for which he was sentenced to be imprisoned may have expired at the time he is retaken, and remain so imprisoned until tried for such escape, or until he be discharged by a failure to prosecute therefor.
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(RSMo 1939 § 4318)
Prior revisions: 1929 § 3924; 1919 § 3172; 1909 § 4390
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.180 - Arrest.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.180. Arrest. —
An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer, under authority of a warrant or otherwise. The officer must inform the defendant by what authority he acts, and must also show the warrant if required.
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(RSMo 1939 § 3959)
Prior revisions: 1929 § 3570; 1919 § 3913; 1909 § 5120
CROSS REFERENCE:
Detention of one as shoplifter not false arrest, 537.125
(1954) Under Missouri law a private person may make an arrest on showing of actual commission of a felony and reasonable grounds to suspect the accused. Richardson v. U.S., 217 F.2d 696.
(1960) Officer has a right to rely upon the presumption of the constitutionality of statute or city ordinance notwithstanding such ordinance or statute is subsequently declared to be void. Accordingly, the validity of the ordinance under which arrest was made would not be decided by the court in action for false imprisonment. Manson v. Wabash Railroad Co. (Mo.), 338 S.W.2d 54.
(1973) A private citizen may make an arrest without a warrant on a showing of commission of a felony and reasonable grounds to suspect the arrested party. State v. Fritz (Mo.), 490 S.W.2d 30.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.190 - Rights of officer in making arrests.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.190. Rights of officer in making arrests. —
If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.
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(RSMo 1939 § 3960)
Prior revisions: 1929 § 3571; 1919 § 3914; 1909 § 5121
(1976) This section and § 559.040 held unconstitutional as a violation of due process as guaranteed by the fifth and fourteenth amendments to the Constitution of the United States. Caveat, this is a four to three decision and may be considered by the supreme court. Mattis v. Schnarr (C.A. Mo.), 547 F.2d 1007.
(1980) A jury is fully capable of understanding the term "necessary means" without further definition. Davis v. Moore (A.), 601 S.W.2d 316.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.193 - Strip searches prohibited, when — how executed if authorized.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1980
544.193. Strip searches prohibited, when — how executed if authorized. —
1. As used in sections 544.193 to 544.197:
(1)
"Body cavity search"
means the inspection of a person's anus or genitalia, including but not limited to inspections conducted visually, manually or by means of any physical instrument.
(2)
"Strip search"
means the removal or rearrangement of some or all of the clothing of a person so as to permit an inspection of the genitals, buttocks, anus, breasts or undergarments of such person, including but not limited to inspections conducted visually, manually or by means of any physical instrument.
2. No person arrested or detained for a traffic offense or an offense which does not constitute a felony may be subject to a strip search or a body cavity search by any law enforcement officer or employee unless there is probable cause to believe that such person is concealing a weapon, evidence of the commission of a crime or contraband.
3. All strip searches and body cavity searches conducted by law enforcement officers or employees in this state shall be performed by persons of the same sex as the person being searched, and shall be conducted on premises where the search cannot be observed by any person other than the persons physically conducting the search, except that nothing herein shall be interpreted to prohibit a readily available person from being present at the request and consent of the person being searched.
4. A body cavity search of any person detained or arrested for a traffic offense or an offense which does not constitute a felony may only be conducted pursuant to a duly executed search warrant, under sanitary conditions and by a physician, registered nurse or practical nurse, licensed to practice in this state.
5. Every law enforcement officer or employee conducting a strip search or body cavity search shall:
(1) Obtain the written permission of the person in command of the law enforcement agency in which the strip search or body cavity search is to be conducted authorizing the strip search or body cavity search; and
(2) Prepare a report regarding the strip search or body cavity search. The report shall include:
(a) The written permission required in subdivision (1) above;
(b) The name of the person searched;
(c) The name of the persons conducting the search;
(d) The time, date and place of the search.
­­A copy of the report shall be furnished to the person who was searched.
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(L. 1980 H.B. 982 § 1)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.195 - Rights and remedies of person wronged.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1980
544.195. Rights and remedies of person wronged. —
1. Nothing in sections 544.193 to 544.197 shall be construed as limiting any common law or statutory rights of any person regarding any action for damages or injunctive relief, or as precluding the prosecution under another provision of law of any law enforcement official or employee who has violated sections 544.193 to 544.197.
2. Any person who suffers actual damage as a result of the violation of sections 544.193 to 544.197 may bring a private civil action in the circuit court of any county in which any defendant resides or in which the search complained of occurred or in which any plaintiff resides and a defendant may be found, to recover actual damages. In addition to actual damages, the court may, in its discretion, also award punitive damages and such equitable relief as it deems necessary and proper. The court may award reasonable attorney's fees to the prevailing party, which attorney's fees shall be based on the amount of time reasonably expended by an attorney on behalf of the prevailing party.
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(L. 1980 H.B. 962 § 2)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.197 - Sections 544.193 to 544.197 not applicable, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1980
544.197. Sections 544.193 to 544.197 not applicable, when. —
The provisions of sections 544.193 to 544.197 shall not apply to persons committed to a correctional institution or jail by judgment of a court of competent jurisdiction.
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(L. 1980 H.B. 982 § 3)
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.200 - Officer may break open doors.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.200. Officer may break open doors. —
To make an arrest in criminal actions, the officer may break open any outer or inner door or window of a dwelling house or other building, or any other enclosure, if, after notice of his office and purpose, he be refused admittance.
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(RSMo 1939 § 3889)
Prior revisions: 1929 § 3499; 1919 § 3844; 1909 § 5052
(1968) Held facts justified forcible entry and arrest without warrant. State v. Novak (Mo.), 428 S.W.2d 585.
2023 Missouri Revised Statutes › Title XXXVII - Criminal Procedure › Chapter 544 - Arrest, Examination, Commitment and Bail › Section 544.210 - Arrests, when.

Title XXXVII CRIMINAL PROCEDURE
Chapter 544
• Effective - 28 Aug 1939
544.210. Arrests, when. —
An arrest may be made on any day or at any time of the day or night. If any person arrested escape or be rescued, the person from whose custody he made his escape or was rescued may immediately pursue and retake him at any time and within any place in the state, and may command assistance as in making arrests in other cases.
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(RSMo 1939 § 3961)
Prior revisions: 1929 § 3572; 1919 § 3915; 1909 § 5122
CROSS REFERENCE:
Process to preserve peace or to arrest offender, may issue on Sunday, 476.250