Title XXXVII — CRIMINAL PROCEDURE

542.010. 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 …

542.020. Certain officers to preserve peace, issue process. — The following officers shall have power and jurisdiction to cause to be kept all laws made for the preservation of the public peace, to issue process for the apprehension of persons charged with criminal offenses, and …

542.030. Warrant may issue, when. — Whenever complaint shall be made in writing, and upon oath, to any such associate circuit judge, that any person has threatened or is about to commit any offense against the person or property of another, specifying the offense and person compl…

542.040. Proceedings before associate circuit judge — jury — verdict — recognizance — costs. — Upon such person being brought before such associate circuit judge, the associate circuit judge shall summon all witnesses which either party may require, and cause the matters charged …

542.050. Recognizance — penalty for failure to give. — If such recognizance be given, the party complained of shall be discharged; but if he fail or refuse to find surety it shall be the duty of the associate circuit judge to commit him to prison until he find the same, specifyin…

[Repealed or reserved.]

542.070. Recognizance, where deposited. — Every recognizance to keep the peace, taken by any associate circuit judge pursuant to the foregoing provisions, or pursuant to any other statute, shall be transmitted by such associate circuit judge to the clerk of the proper court of th…

542.080. Recognizance, when broken. — No recognizance to keep the peace shall be deemed to be broken unless the principal in such recognizance be convicted of some offense amounting, in judgment of law, to a breach of such recognizance. ­­-------- (RSMo 1939 § 3798) Prior revisio…

542.090. Recognizance to be prosecuted, when. — Whenever evidence of such conviction shall be produced to the court in which the recognizance is filed or taken, it shall be the duty of the court to order such recognizance to be prosecuted, and the prosecuting attorney shall proce…

542.100. Offense stated in record is evidence of breach. — In the action on such recognizance the offense stated in the record of conviction may be assigned as a breach, and such record shall be conclusive evidence of the matters therein stated. ­­-------- (RSMo 1939 § 3800) Prio…

542.110. Appeal granted, when. — Any person convicted under the provisions of sections 542.020 to 542.140 may take an appeal from the judgment of the associate circuit judge to the court having jurisdiction of the appeal, if he shall, on the day of the rendition of the verdict, f…

542.120. Recognizance forfeited on failure to prosecute appeal. — When any person shall have taken an appeal, under the provisions of sections 542.020 to 542.140, and fails to appear, the court shall forfeit his recognizance, and order it to be prosecuted, unless reasonable excus…

542.130. Proceedings on appeal. — If the judgment of the associate circuit judge shall be affirmed, or if, upon a trial in the court to which the appeal is taken, the defendant shall be convicted, the court shall require a new recognizance in a sum not exceeding one thousand doll…

542.140. Affray in presence of associate circuit judge. — Every person who, in the presence of any associate circuit judge above specified, or of any court of record, shall make an affray, or threaten to kill or beat another, or to commit any offense against his person or propert…

542.170. What officers may require aid of persons to disperse rioters. — If the persons assembled, as indicated herein, shall fail to disperse without unnecessary delay, the following associate circuit judges shall each, in the order in which they are herein named, have power and…

542.190. Special deputies and policemen to be residents of state. — No sheriff of a county, mayor of a city or other private person authorized by law to appoint special deputies, marshals or policemen in this state to preserve the public peace and quell public disturbances shall …

542.261. Peace officer defined. — As used in sections 542.261 to 542.296 and section 542.301, the term "peace officer" means a police officer or* member of the highway patrol to the extent otherwise permitted by law to conduct searches, sheriff or deputy sheriff. ­­-------- (L. 1…

542.266. Search warrant defined — who may issue. — 1. A search warrant is a written order of a court commanding the search of a person, place, or thing and the seizure, or photographing or copying, of property found thereon or therein. 2. A search warrant may be issued by an appe…

542.271. Warrant may issue to search and seize, certain persons and items, or to copy, photograph or record. — 1. A warrant may be issued to search for and seize, or photograph, copy or record any of the following: (1) Property, article, material, or substance that constitutes ev…

542.276. Who may apply for search warrant — contents of application, affidavit — where filed, hearing — contents of warrant — who may execute, return, when and how made — warrant deemed invalid, when. — 1. Any peace officer or prosecuting attorney may make application under secti…

542.281. Obscene matter, search warrant, procedure for obtaining — application for warrant, content — adversary hearing required, when — alteration of material after notice of hearing or execution of warrant prohibited. — 1. Any police officer, sheriff or deputy sheriff may make …

542.286. Warrant to be executed within territorial jurisdiction, exception. — 1. A warrant to search a person or any movable thing may be executed in any part of the state where the person or thing is found if, subsequent to the filing of the application, the person or thing move…

542.291. Search, when conducted — receipt for property taken. — 1. The search shall be conducted in a reasonable manner. The search may be made at night if making it during the daytime is not practicable. 2. An officer making a search pursuant to an invalid warrant, the invalidit…

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 o…

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 prope…

542.301. Disposition of unclaimed seized property — forfeiture to the state, when — allegedly obscene matter, how treated — appeal authorized. — 1. Property which comes into the custody of an officer or of a court as the result of any seizure and which has not been forfeited purs…

542.400. Definitions. — As used in sections 542.400 to 542.422, the following words and phrases mean: (1) "Aggrieved person", a person who was a party to any intercepted wire communication or a person against whom the interception was directed; (2) "Communication common carrier",…

542.402. Penalty for illegal wiretapping, permitted activities. — 1. Except as otherwise specifically provided in sections 542.400 to 542.422, a person is guilty of a class E felony and upon conviction shall be punished as provided by law, if such person: (1) Knowingly intercepts…

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 orde…

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 there…

542.408. Application, contents — ex parte order issued, when, contents, extensions granted, when — reports, court may require, when — pen registers, who may request — communication, common carriers may provide aid, immunity from suit, compensation. — 1. Each application for an or…

542.410. Recording of contents, required, how, custody of, duplication, destruction of — applications and orders sealed by court, disclosure, when, destruction of — penalty — notice to persons named in order, when, right to inspect and copy contents. — 1. The contents of any wire…

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 procee…

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, …

542.416. Reports to state courts administrator required, when, contents, who must report — state courts administrator to report to general assembly, when — rules and regulations. — 1. Within thirty days after the expiration of an order or each extension thereof entered pursuant t…

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…

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 bef…

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…

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 withou…

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 …