Title XXXVII — CRIMINAL PROCEDURE

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 o…

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 jud…

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. ­­-------- (RSMo 1939 §…

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…

544.045. License to operate motor vehicle may be deposited in lieu of bail — exceptions — failure to appear, notice to director of revenue. — 1. Any person arrested and charged with violating a traffic law of this state or a traffic ordinance of any county, city, town or village …

544.046. Compact — entered into. — The Nonresident Violator Compact, hereinafter called "the compact," is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: Article I (a) The party jurisdictions find…

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 recognizance…

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, …

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…

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 …

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. ­­-------- (RSMo 1939 § 3859, A.L. 1978 H.B. 1634, A.L. 1993 S.B.…

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 authorize…

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 bei…

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 af…

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…

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…

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…

544.155. Uniform fresh pursuit law. — 1. Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest such …

544.157. Law enforcement officers, conservation agents, capitol police, college or university police officers, and park rangers, arrest powers — fresh pursuit defined — policy of agency electing to institute vehicular pursuits. — 1. Any law enforcement officer certified pursuant …

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 …

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 …

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 warra…

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; 190…

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 …

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 provis…

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)

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. ­­----…

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 th…

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 d…

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 be…

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 su…

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 him if he…

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 re…

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 p…

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…

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 prisone…

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 proceed…

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. ­­-------- (…

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 c…

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 civi…

544.310. Associate circuit judge may call associate. — It shall be lawful for any associate circuit judge to whom any complaint shall be made, or before whom any prisoner shall be brought, as herein provided, to associate with himself any other associate circuit judge of the same…

544.320. Adjournment of hearing by associate circuit judge — release of prisoner, when, what conditions. — An associate circuit judge may adjourn an examination of a prisoner pending before himself, from time to time as occasion requires, not exceeding twenty-one days at one time…

544.330. Failure to appear under recognizance. — If the person recognized does not appear before the associate circuit judge according to the condition of such recognizance, the associate circuit judge shall record the default, but such default may be set aside by the associate c…

544.340. Commitment of party, when. — When such person is not released as provided in section 544.455, he may be committed to prison by an order under the hand of the associate circuit judge, stating concisely that he is committed for further examination on a future day, to be na…

544.350. Complaint to be read, time given for advice. — The associate circuit judge shall strictly inform the prisoner of the charge made against him, and read to him the complaint, if requested to do so, and he shall allow the prisoner reasonable time to advise with his counsel,…

544.360. Exclusion of witnesses from examination. — While any witness for or against the prisoner is under examination, the associate circuit judge may exclude from the place in which such examination is had all witnesses who have not been examined, and he may cause the witnesses…

544.370. Homicide, written evidence. — In all cases of homicide, but in no other, the evidence given by the several witnesses shall be reduced to writing by the associate circuit judge, or under his direction, and shall be signed by the witnesses respectively. ­­-------- (RSMo 19…

544.376. Crime laboratory reports, evidence as to test results, procedure — person conducting tests, recorded interview prior to hearing, procedure, right to subpoena. — At any preliminary hearing conducted in the courts of this state, a report from any crime laboratory in the st…

544.380. Examination of prisoner and his witnesses. — After the examination of the complainant and the witnesses on the part of the prosecution, the witnesses for the accused may be sworn and examined, and the prisoner may, at his request, be sworn and examined as a witness in hi…

544.390. Examination and recognizance, certified, when. — All examinations and recognizances taken in pursuance of the provisions of this chapter shall be certified by the associate circuit judge taking the same, and delivered to the clerk of the court in which the offense is cog…