Missouri Revised Statutes
Chapter 542 - Proceedings to Preserve the Peace — Searches and Seizures
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...

Effective - 28 Aug 2002, 2 histories
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 contents. — 1. The contents of any wire communication intercepted by any means authorized by sections 542.400 to 542.422 shall be recorded on tape or wire or other comparable device. The recording of the contents of any wire or oral communication as required by this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, such recordings shall be made available to the court issuing such order and shall be sealed under its directions. Custody of the recordings shall be wherever the court orders. The recordings shall not be destroyed except upon an order of the issuing court and in any event shall be kept for ten years. Duplicate recordings shall be made for use for disclosure pursuant to the provisions of subsections 1 and 2 of section 542.406 for investigations and discovery in accordance with applicable supreme court rules. The presence of the seal provided for by subsection 2 of this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire communication or evidence derived therefrom under the provisions of subsection 3 of section 542.406.
2. Applications made and orders granted under sections 542.400 to 542.422 shall be sealed by the court. Custody of the applications and orders shall be wherever the court directs. Such applications and orders shall be disclosed only upon a showing of good cause before a court of competent jurisdiction and shall not be destroyed except on order of the issuing or denying court, and in any event shall be kept for ten years.
3. Any violation of the provisions of this section shall be punishable as a class A misdemeanor.
4. Within a reasonable time but not later than ninety days after the filing of an application for an order of approval under the provisions of sections 542.400 to 542.422 or the termination of the period of an order or extensions thereof, whichever is later, the issuing or denying court shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications an inventory which shall include notice of:
(1) The fact of the entry of the order or the application;
(2) The date of the entry and the period of authorized, approved interception;
(3) The fact that during the period oral communications were or were not intercepted; and
(4) The nature of said conversations.
­­The court, upon the filing of a motion, shall make available to such person or his counsel for inspection and copying such intercepted communications, applications and orders.

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(L. 1989 H.B. 277, et al. § 6, A.L. 2002 S.B. 712)

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.