Revised Statutes of Missouri Chapter 544 — Arrest, Examination, Commitment and Bail
Missouri · statute · Mo. Rev. Stat. ch. 544 · 84 active provisions
Provisions
Mo. Rev. Stat. § 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, 19…
MissouriArrest, Examination, Commitment and BailEffective 1979-01-02effective
Mo. Rev. Stat. § 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 sh…
MissouriArrest, Examination, Commitment and BailEffective 2004-08-28effective
Mo. Rev. Stat. § 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.
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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.
MissouriArrest, Examination, Commitment and BailEffective 1972-08-28effective
Mo. Rev. Stat. § 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 may, at the discretion of both the officer authorized by law or rule of court to accept bail and the person arrested, deposit his license to operate a motor vehicle with a member of…
MissouriArrest, Examination, Commitment and BailEffective 1992-07-01effective
Mo. Rev. Stat. § 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 that: (1) In most instances, a motorist who is cited for a traffic violati…
MissouriArrest, Examination, Commitment and BailEffective 2012-08-28effective
Mo. Rev. Stat. § 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…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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 sta…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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 t…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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.
MissouriArrest, Examination, Commitment and BailEffective 1993-08-28effective
Mo. Rev. Stat. § 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, o…
MissouriArrest, Examination, Commitment and BailEffective 1949-08-28effective
Mo. Rev. Stat. § 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 o…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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.
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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 she…
MissouriArrest, Examination, Commitment and BailEffective 1957-08-28effective
Mo. Rev. Stat. § 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 an…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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 person on the ground that such person is believed to have committed a felony o…
MissouriArrest, Examination, Commitment and BailEffective 1996-08-28effective
Mo. Rev. Stat. § 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 to chapter 590 of any political subdivision of this state, any authorized agent of the department of conservation, any commissioned member of the Missouri capitol police, any college or university police officer, and any commissioned member of the Missouri state park ra…
MissouriArrest, Examination, Commitment and BailEffective 2013-08-28effective
Mo. Rev. Stat. § 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…
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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 the peace or other criminal offense, or on suspicion thereof, shall be discharged from said custody within twenty-four hours from the time of such arrest, unle…
MissouriArrest, Examination, Commitment and BailEffective 2005-08-28effective
Mo. Rev. Stat. § 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.
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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.
MissouriArrest, Examination, Commitment and BailEffective 1939-08-28effective
Mo. Rev. Stat. § 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…
MissouriArrest, Examination, Commitment and BailEffective 1980-08-28effective
Mo. Rev. Stat. § 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 t…
MissouriArrest, Examination, Commitment and BailEffective 1980-08-28effective