544.157. Law enforcement officers, conservation agents, capitol police, park rangers and water patrol agents, arrest powers--fresh pursuit defined--policy of agency electing to institute vehicular pur

MISSOURI STATUTES AND CODES

544.157. Law enforcement officers, conservation agents, capitol police, park rangers and water patrol agents, arrest powers--fresh pursuit defined--policy of agency electing to institute vehicular pur

Law enforcement officers, conservation agents, capitol police, parkrangers and water patrol agents, arrest powers--fresh pursuitdefined--policy of agency electing to institute vehicularpursuits.

544.157. 1. Any law enforcement officer certified pursuant tochapter 590, RSMo, of any political subdivision of this state, anyauthorized agent of the department of conservation, any commissioned memberof the Missouri capitol police, any commissioned member of the Missouristate park rangers and any authorized agent of the Missouri state waterpatrol in fresh pursuit of a person who is reasonably believed by suchofficer to have committed a felony in this state or who has committed, orattempted to commit, in the presence of such officer or agent, any criminaloffense or violation of a municipal or county ordinance, or for whom suchofficer holds a warrant of arrest for a criminal offense, shall have theauthority to arrest and hold in custody such person anywhere in this state.Fresh pursuit may only be initiated from within the pursuing peaceofficer's, conservation agent's, capitol police officer's, state parkranger's or water patrol officer's jurisdiction and shall be terminatedonce the pursuing peace officer is outside of such officer's jurisdictionand has lost contact with the person being pursued. If the offense is atraffic violation, the uniform traffic ticket shall be used as if theviolator had been apprehended in the municipality or county in which theoffense occurred.

2. If such an arrest is made in obedience to a warrant, thedisposition of the prisoner shall be made as in other cases of arrest undera warrant; if the violator is served with a uniform traffic ticket, theviolator shall be directed to appear before a court having jurisdiction totry the offense; if the arrest is without a warrant, the prisoner shall betaken forthwith before a judge of a court with original criminaljurisdiction in the county wherein such arrest was made or before amunicipal judge thereof having original jurisdiction to try such offense,who may release the person as provided in section 544.455, conditioned uponsuch person's appearance before the court having jurisdiction to try theoffense. The person so arrested need not be taken before a judge as hereinset out if given a summons by the arresting officer.

3. The term "fresh pursuit", as used in this section, shall includehot or fresh pursuit as defined by the common law and also the pursuit of aperson who has committed a felony or is reasonably suspected of havingcommitted a felony in this state, or who has committed or attempted tocommit in this state a criminal offense or violation of municipal or countyordinance in the presence of the arresting officer referred to insubsection 1 of this section or for whom such officer holds a warrant ofarrest for a criminal offense. It shall include also the pursuit of aperson suspected of having committed a supposed felony in this state,though no felony has actually been committed, if there is reasonable groundfor so believing. "Fresh pursuit" as used herein shall imply instantpursuit.

4. A public agency electing to institute vehicular pursuits shalladopt a policy for the safe conduct of vehicular pursuits by peaceofficers. Such policy shall meet the following minimum standards:

(1) There shall be supervisory control of the pursuit;

(2) There shall be procedures for designating the primary pursuitvehicle and for determining the total number of vehicles to be permitted toparticipate at one time in the pursuit;

(3) There shall be procedures for coordinating operation with otherjurisdictions; and

(4) There shall be guidelines for determining when the interests ofpublic safety and effective law enforcement justify a vehicular pursuit andwhen a vehicular pursuit should not be initiated or should be terminated.