Effective – 28 Aug 2005 544.170. Twenty hours detention on arrest without warrant — twenty-four hours detention for certain offenses, rights of confinee — violations, penalty. — 1. All persons arrested and confined in any jail or other place of confinement by any peace officer, without warrant or other process, for any alleged breach of […]
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 […]
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. ——– (RSMo 1939 § 3960) Prior revisions: 1929 § 3571; 1919 § 3914; 1909 § […]
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 […]
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 […]
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. ——– (L. 1980 H.B. 982 § 3)
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. ——– […]
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 […]
Effective – 28 Aug 2014 544.216. Powers of arrest, arrest without warrant on suspicion persons violating any law of state including infractions, misdemeanors and ordinances, exception — power of municipal officer in unincorporated area. — Except as otherwise provided in section 544.157, any sheriff or deputy sheriff, any member of the Missouri state highway patrol, […]
Effective – 01 Jan 2017 544.218. Arrest without warrant, lawful, when. — An arrest without a warrant by a law enforcement officer, including a uniformed member of the state highway patrol, for a violation of section 577.010 or 577.012 is lawful whenever the arresting officer has reasonable grounds to believe that the person to be […]
Effective – 28 Aug 1939 544.220. Conveyance of prisoner through another county. — Every officer or other person, who shall have arrested or have in his custody, under the authority of the law of this state, any prisoner who is to be conveyed from one county to another, may carry such prisoner through such parts […]
Effective – 28 Aug 1939 544.230. Officer not subject to arrest — posse. — The officer or person having such prisoner in charge shall not be liable to arrest or civil process while on his route; and he shall have the like power to require any person to aid in securing such prisoner and retaking […]
Effective – 28 Aug 1939 544.240. Duty of jailer. — The jailer of every county through which such prisoner may be taken is required to receive and safely keep such prisoner in the jail of which he has charge, when thereto requested by the officer or person having lawful charge of such prisoner, and to […]
Effective – 02 Jan 1979 544.250. Preliminary hearing, when required — release, when, what conditions. — No prosecuting or circuit attorney in this state shall file any information charging any person or persons with any felony, until such person or persons shall first have been accorded the right of a preliminary examination before some associate […]
Effective – 28 Aug 1939 544.260. Arrest of person, where tried. — Persons arrested under any warrant for any offense shall, when no provision is otherwise made, be brought before the associate circuit judge who issued the warrant, or if he be absent or his office be vacant, or if he be not authorized to […]
Effective – 28 Aug 1939 544.270. Procedure before associate circuit judge. — The associate circuit judge before whom any such person shall be brought shall proceed, as soon as may be, to examine the complainant and witnesses produced in support of the prosecution, on oath, in the presence of the prisoner, in regard to the […]
Effective – 28 Aug 1990 544.275. State correctional facilities may be used for certain civil or criminal proceedings not requiring a jury. — When a person committed to the department of corrections is a defendant in a criminal or civil proceeding other than jury trials, or a plaintiff in a civil proceeding other than a […]
Effective – 02 Jan 1979 544.280. Trial, how conducted. — The order of conducting the trial or hearing, with respect to the introduction of the evidence and the examination of witnesses, shall be the same as governs in the trial of criminal cases before circuit judges, as far as practicable. ——– (RSMo 1939 § 3869, […]
Effective – 28 Aug 1945 544.290. Disqualification of associate circuit judge. — An associate circuit judge shall be disqualified to conduct an examination of any person accused of felony as provided in this chapter if an affidavit is filed in his office by the accused, the prosecuting attorney, or the complainant, before the commencement of […]
Effective – 02 Jan 1979 544.300. Proceedings in case of disqualification. — If the associate circuit judge is disqualified as provided in section 544.290, he shall certify the case for assignment to the presiding judge of the circuit and the case shall be assigned in the same manner as provided for civil cases in section […]
