311.820. Search of vehicles for contraband liquor--use of evidence found. - Missouri Statutes

Search of vehicles for contraband liquor--use of evidence found.

311.820. The supervisor of liquor control of the state ofMissouri and his agents and inspectors, members of the Missouristate highway patrol, and every sheriff and deputy sheriff in thestate of Missouri may inspect and search any vehicle, with orwithout a search warrant, which he has probable cause to believeis being used in violation of the terms of this statute;provided, however, that any evidence found by any such officerwhile inspecting or searching any vehicle pursuant to theprovisions of sections 311.410 to 311.460 may be used in anyprosecution for the violation of sections 311.410 to 311.460; inany proceeding seeking to have any property seized in such searchdeclared contraband under the provisions of sections 311.410 to311.460, 311.580 and 311.820 to 311.850, but any such evidenceshall not be used in any other proceeding whatsoever, civil orcriminal.

(L. 1949 p. 320 § 4932)

(1951) The provisions of this section constitute a condition to the granting of a license under § 311.420 and consequently, objections to search on constitutional grounds are waived by application for and acceptance of license. State v. Ward, 361 Mo. 1236, 239 S.W.2d 313.

(1953) If party to action for forfeiture does not establish that he is the owner of or has an interest in the whiskey he cannot question the legality of the search and seizure. State v. Rodgers, 364 Mo. 247, 260 S.W.2d 736.