544.155. Uniform fresh pursuit law.

MISSOURI STATUTES AND CODES

544.155. Uniform fresh pursuit law.

Uniform fresh pursuit law.

544.155. 1. Any member of a duly organized state, county, ormunicipal peace unit of another state of the United States who enters thisstate in fresh pursuit, and continues within this state in such freshpursuit, of a person in order to arrest such person on the ground that suchperson is believed to have committed a felony or the crime of driving whileintoxicated or driving with excessive blood alcohol content in such otherstate, shall have the same authority to arrest and hold such person incustody, as has any member of any duly organized state, county, ormunicipal peace unit of this state, to arrest and hold in custody a personon the ground that such person is believed to have committed a felony orthe crime of driving while intoxicated or driving with excessive bloodalcohol content in this state; provided, the rights extended by thissubsection shall be extended only to those states granting these samerights to peace officers of this state who may be in fresh pursuit ofsuspected criminals in such reciprocating states.

2. If an arrest is made in this state by an officer of another statein accordance with the provisions of subsection 1 of this section, thearresting officer shall, without unnecessary delay, take the personarrested before a judge of a court of competent jurisdiction in the countyin which the arrest was made, who shall conduct a hearing for the purposeof determining the lawfulness of the arrest. If the judge determines thatthe arrest was lawful, the judge shall order the person arrested to await,for a reasonable time, the issuance of an extradition warrant by thegovernor of this state, or admit such person to bail for such purpose. Ifthe judge determines that the arrest was unlawful the judge shall dischargethe person arrested.

3. Subsection 1 of this section shall not be construed so as to makeunlawful any arrest in this state which would otherwise be lawful.

4. For the purpose of this section, the word "state" includes theDistrict of Columbia.

5. The term "fresh pursuit", as used in this section, includes freshpursuit as defined by the common law, and also the pursuit of a person whohas committed a felony or the crime of driving while intoxicated or drivingwith excessive blood alcohol content or who is reasonably suspected ofhaving committed a felony or the crime of driving while intoxicated ordriving with excessive blood alcohol content. It shall also include thepursuit of a person suspected of having committed a supposed felony or thecrime of driving while intoxicated or driving with excessive blood alcoholcontent, though no felony or the crime of driving while intoxicated ordriving with excessive blood alcohol content has actually been committed,if there is reasonable ground for believing that a felony or the crime ofdriving while intoxicated or driving with excessive blood alcohol contenthas been committed. Fresh pursuit, as used therein, shall not necessarilyimply instant pursuit, but pursuit without unreasonable delay.

6. This section may be cited as the "Uniform Law on Fresh Pursuit".