Missouri Revised Statutes
Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures
Section 542.404 - Application for an order — authorization by attorney general — approval by judge, probable cause required.

Effective - 28 Aug 2002
542.404. Application for an order — authorization by attorney general — approval by judge, probable cause required. — 1. The elected prosecuting attorney of the county with the written authorization of the attorney general of the state of Missouri may make application for an order authorizing the interception of a wire communication. The supreme court of Missouri, upon notice that the attorney general of the state of Missouri has authorized application for an interception of a wire communication, shall appoint a circuit court from a circuit other than the circuit where the application originates to approve or deny the application and to issue any necessary orders. Such court may grant, in conformity with sections 542.400 to 542.422, an order authorizing the interception of wire communications by the law enforcement agency having responsibility for the investigation of the offense if there is probable cause to believe that the interception may provide evidence of a felony which involves the manufacture or distribution of a controlled substance, as the term is defined by section 195.016, or the felony of murder, arson, or kidnapping, or a terrorist threat as defined in section 574.115, or any conspiracy to commit any of the foregoing.
2. Any order entered pursuant to the provisions of sections 542.400 to 542.422 shall require live monitoring by appropriate law enforcement personnel of the interception of any wire communication.
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(L. 1989 H.B. 277, et al. § 3, A.L. 2002 S.B. 712)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVII - Criminal Procedure

Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures

Section 542.010 - Magistrate defined.

Section 542.020 - Certain officers to preserve peace, issue process.

Section 542.030 - Warrant may issue, when.

Section 542.040 - Proceedings before associate circuit judge — jury — verdict — recognizance — costs.

Section 542.050 - Recognizance — penalty for failure to give.

Section 542.060 - Parties committed, how discharged.

Section 542.070 - Recognizance, where deposited.

Section 542.080 - Recognizance, when broken.

Section 542.090 - Recognizance to be prosecuted, when.

Section 542.100 - Offense stated in record is evidence of breach.

Section 542.110 - Appeal granted, when.

Section 542.120 - Recognizance forfeited on failure to prosecute appeal.

Section 542.130 - Proceedings on appeal.

Section 542.140 - Affray in presence of associate circuit judge.

Section 542.170 - What officers may require aid of persons to disperse rioters.

Section 542.190 - Special deputies and policemen to be residents of state.

Section 542.261 - Peace officer defined.

Section 542.266 - Search warrant defined — who may issue.

Section 542.271 - Warrant may issue to search and seize, certain persons and items, or to copy, photograph or record.

Section 542.276 - Who may apply for search warrant — contents of application, affidavit — where filed, hearing — contents of warrant — who may execute, return, when and how made — warrant deemed invalid, when.

Section 542.281 - Obscene matter, search warrant, procedure for obtaining — application for warrant, content — adversary hearing required, when — alteration of material after notice of hearing or execution of warrant prohibited.

Section 542.286 - Warrant to be executed within territorial jurisdiction, exception.

Section 542.291 - Search, when conducted — receipt for property taken.

Section 542.296 - Motion to suppress, grounds for.

Section 542.300 - Prisoners may be searched.

Section 542.301 - Disposition of unclaimed seized property — forfeiture to the state, when — allegedly obscene matter, how treated — appeal authorized.

Section 542.400 - Definitions.

Section 542.402 - Penalty for illegal wiretapping, permitted activities.

Section 542.404 - Application for an order — authorization by attorney general — approval by judge, probable cause required.

Section 542.406 - Disclosure of contents — privileged communications.

Section 542.408 - Application, contents — ex parte order issued, when, contents, extensions granted, when — reports, court may require, when — pen registers, who may request — communication, common carriers may provide aid, immunity from suit, compen...

Section 542.410 - Recording of contents, required, how, custody of, duplication, destruction of — applications and orders sealed by court, disclosure, when, destruction of — penalty — notice to persons named in order, when, right to inspect and copy...

Section 542.412 - Contents may be used as evidence, when — disclosure of additional evidence to defendant.

Section 542.414 - Suppression of contents, grounds — right of state to appeal suppression motion, when.

Section 542.416 - Reports to state courts administrator required, when, contents, who must report — state courts administrator to report to general assembly, when — rules and regulations.

Section 542.418 - Use of contents of wiretap in civil action, limitations on — illegal wiretap, cause of action, damages, attorney fees and costs — good faith reliance on court order a prima facie defense.

Section 542.420 - Evidence obtained in violation of law may not be used.

Section 542.422 - Injunctions of felony violations of sections 542.400 to 542.424, procedure.

Section 542.425 - Criminal investigations, site of criminal conduct undetermined, attorney general may subpoena witnesses and documents.

Section 542.525 - Surveillance or game cameras on private property, state and local government prohibited from placing without landowner consent.