Effective - 28 Aug 2009
43.200. Search and seizure powers of highway patrol — authority to serve warrants, participation of sheriff — instruction of officers. — 1. The members of the patrol shall have the right and power of search and seizure to take from any person under arrest or about to be arrested deadly or dangerous weapons in the possession of such person, and to search and seize on a public highway of this state, or off the public highways of this state as an incident to an arrest made following a hot pursuit from a public highway.
2. When ordered to any county or municipality in this state by the governor because of civil disorder, members of the patrol during that time may exercise all powers of search and seizure in the same manner and to the same extent as any sheriff in this state.
3. The members of the highway patrol may request that the prosecuting or circuit attorney apply for, and members of the highway patrol may serve, search warrants anywhere within the state of Missouri, provided the sheriff of the county in which the warrant is to be served, or his designee, shall be notified upon application by the applicant of the search warrant except for offenses pertaining to driving while intoxicated. The sheriff or his or her designee shall participate in serving the search warrant except for offenses pertaining to driving while intoxicated and the investigation of motor vehicle traffic accidents. Any designee of the sheriff shall be a deputy sheriff or other person certified as a peace officer under chapter 590. The sheriff shall always have a designee available.
4. The superintendent of the highway patrol shall see that every member of the highway patrol is thoroughly instructed in the powers of police officers to arrest for misdemeanors and felonies and to search and seize in order that no person or citizen traveling in this state shall be hindered, stopped, or arrested or his person or property searched or seized without constitutional grounds existing therefor.
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(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, 578.030
(1984) The fact that members of the Missouri State Highway Patrol had no authority to conduct a search and seizure beyond the jurisdiction of state highways was irrelevant in a federal trial charging possession of marijuana with intent to distribute, since the actions of state officers are to be judged as if they were federal officers. United States v. Eng (8th Cir.) 753 F.2d 683.
Structure Missouri Revised Statutes
Title V - Military Affairs and Police
Chapter 43 - Highway Patrol, State
Section 43.020 - State highway patrol created.
Section 43.025 - Primary purpose of highway patrol.
Section 43.030 - Superintendent — qualifications, appointment, powers.
Section 43.032 - Federal immigration law enforcement, patrol members to be designated for training.
Section 43.040 - Lieutenant colonel and majors — appointment, qualifications.
Section 43.090 - Clerical force — offices and equipment — radio station.
Section 43.100 - Salaries and expenses for highway work, how paid.
Section 43.110 - Travel expenses of patrol, how paid — fees.
Section 43.130 - Uniforms — allowance to members — vehicles and equipment.
Section 43.140 - Members' oaths.
Section 43.150 - Removal or discipline of members of patrol, procedure.
Section 43.160 - Duties of the patrol on highways.
Section 43.170 - Must stop on signal of member of patrol — penalty.
Section 43.180 - Powers of patrol members — investigation of crime, how paid for.
Section 43.190 - Authority to arrest, pursue violators.
Section 43.195 - Authority to arrest upon reasonable grounds for motor vehicle violations.
Section 43.210 - Person arrested to be dealt with according to law.
Section 43.220 - No authority to exceed duties authorized in this chapter.
Section 43.250 - Law enforcement officers to file accident reports with patrol, when.
Section 43.251 - Report forms — how provided, contents — approval by superintendent.
Section 43.252 - Highway patrol traffic records fund created, moneys to be deposited into fund.
Section 43.270 - Criminal justice network and technology revolving fund, purpose.
Section 43.300 - Division created.
Section 43.310 - Director, appointed by superintendent — responsibility.
Section 43.320 - Assignment of highway patrol members to division — allocation of costs.
Section 43.330 - Duties of director.
Section 43.350 - Division established.
Section 43.360 - Director — appointment, qualification, duties.
Section 43.370 - Personnel, compensation, expenses.
Section 43.380 - Investigations, powers, procedure.
Section 43.402 - Missing persons unit established, duties.
Section 43.403 - Responsibilities of other agencies.
Section 43.405 - False reports, penalty.
Section 43.407 - Birth certificate records of missing children to be flagged at request of patrol.
Section 43.408 - School records of missing children to be flagged at request of patrol.
Section 43.409 - Registrar and school to be notified when missing child is located.
Section 43.507 - Disclosure of criminal history information, who may receive.
Section 43.509 - Rulemaking authority, department of public safety — rulemaking procedure.
Section 43.512 - Charge code manual, publication, use.
Section 43.515 - Rulemaking authority, highway patrol criminal record division.
Section 43.524 - Requests for delayed compliance, how made, when.
Section 43.527 - Payment for records, exceptions.
Section 43.542 - Approval of National Crime Prevention and Privacy Compact — execution of compact.
Section 43.544 - Intoxication — related traffic offenses, policies required for forwarding to MULES.
Section 43.545 - Highway patrol to include incidents of domestic violence in reporting system.
Section 43.547 - Gubernatorial appointees, fingerprint background checks required — procedure.
Section 43.550 - Revisor to make certain statutory reference changes.
Section 43.651 - Online identifiers, patrol to make information available, when.
Section 43.653 - Highway patrol to create and supervise — location of lab.