43.200. Search and seizure powers of highway patrol--authority to serve warrants, participation of sheriff--instruction of officers. - Missouri Statutes

Search and seizure powers of highway patrol--authority to servewarrants, participation of sheriff--instruction of officers.

43.200. 1. The members of the patrol shall have the right and powerof search and seizure to take from any person under arrest or about to bearrested deadly or dangerous weapons in the possession of such person, andto search and seize on a public highway of this state, or off the publichighways of this state as an incident to an arrest made following a hotpursuit from a public highway.

2. When ordered to any county or municipality in this state by thegovernor because of civil disorder, members of the patrol during that timemay exercise all powers of search and seizure in the same manner and to thesame extent as any sheriff in this state.

3. The members of the highway patrol may request that the prosecutingor circuit attorney apply for, and members of the highway patrol may serve,search warrants anywhere within the state of Missouri, provided the sheriffof the county in which the warrant is to be served, or his designee, shallbe notified upon application by the applicant of the search warrant exceptfor offenses pertaining to driving while intoxicated. The sheriff or hisor her designee shall participate in serving the search warrant except foroffenses pertaining to driving while intoxicated and the investigation ofmotor vehicle traffic accidents. Any designee of the sheriff shall be adeputy sheriff or other person certified as a peace officer under chapter590, RSMo. The sheriff shall always have a designee available.

4. The superintendent of the highway patrol shall see that everymember of the highway patrol is thoroughly instructed in the powers ofpolice officers to arrest for misdemeanors and felonies and to search andseize in order that no person or citizen traveling in this state shall behindered, stopped, or arrested or his person or property searched or seizedwithout constitutional grounds existing therefor.

(RSMo 1939 § 8362, A.L. 1958 2d Ex. Sess. p. 174, A.L. 1969 3d Ex. Sess. H.B. 18, A.L. 1985 H.B. 671, A.L. 1992 H.B. 852, A.L. 1995 H.B. 461, A.L. 2009 H.B. 685)

CROSS REFERENCE:

Animal protection, highway patrol's powers and duties, RSMo 578.030