Effective - 28 Aug 1939
544.190. Rights of officer in making arrests. — If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.
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(RSMo 1939 § 3960)
Prior revisions: 1929 § 3571; 1919 § 3914; 1909 § 5121
(1976) This section and § 559.040 held unconstitutional as a violation of due process as guaranteed by the fifth and fourteenth amendments to the Constitution of the United States. Caveat, this is a four to three decision and may be considered by the supreme court. Mattis v. Schnarr (C.A. Mo.), 547 F.2d 1007.
(1980) A jury is fully capable of understanding the term "necessary means" without further definition. Davis v. Moore (A.), 601 S.W.2d 316.
Structure Missouri Revised Statutes
Title XXXVII - Criminal Procedure
Chapter 544 - Arrest, Examination, Commitment and Bail
Section 544.010 - Magistrate defined.
Section 544.020 - Issuance of warrant upon complaint.
Section 544.030 - Issuance of warrants by associate circuit judge.
Section 544.040 - Bail, associate circuit judge may grant, when.
Section 544.046 - Compact — entered into.
Section 544.050 - Recognizances.
Section 544.060 - Issuance of warrants by clerk upon indictments.
Section 544.070 - Issuance of process.
Section 544.080 - Issuance of warrant to sheriff — execution.
Section 544.090 - Warrants, where executed.
Section 544.100 - Arrest in another county — procedure.
Section 544.110 - Escape to another county when guilty of felony.
Section 544.120 - Attempted escape of felon, officers to pursue — arrest.
Section 544.130 - Attempted escape, proceeding after arrest.
Section 544.145 - Governor may offer reward for escaped felon — payment.
Section 544.150 - Reward by county commission.
Section 544.155 - Uniform fresh pursuit law.
Section 544.160 - Escaped prisoner may be retaken after term expires.
Section 544.190 - Rights of officer in making arrests.
Section 544.193 - Strip searches prohibited, when — how executed if authorized.
Section 544.195 - Rights and remedies of person wronged.
Section 544.197 - Sections 544.193 to 544.197 not applicable, when.
Section 544.200 - Officer may break open doors.
Section 544.210 - Arrests, when.
Section 544.218 - Arrest without warrant, lawful, when.
Section 544.220 - Conveyance of prisoner through another county.
Section 544.230 - Officer not subject to arrest — posse.
Section 544.240 - Duty of jailer.
Section 544.250 - Preliminary hearing, when required — release, when, what conditions.
Section 544.260 - Arrest of person, where tried.
Section 544.270 - Procedure before associate circuit judge.
Section 544.280 - Trial, how conducted.
Section 544.290 - Disqualification of associate circuit judge.
Section 544.300 - Proceedings in case of disqualification.
Section 544.310 - Associate circuit judge may call associate.
Section 544.330 - Failure to appear under recognizance.
Section 544.340 - Commitment of party, when.
Section 544.350 - Complaint to be read, time given for advice.
Section 544.360 - Exclusion of witnesses from examination.
Section 544.370 - Homicide, written evidence.
Section 544.380 - Examination of prisoner and his witnesses.
Section 544.390 - Examination and recognizance, certified, when.
Section 544.400 - Failure of associate circuit judge to discharge duty.
Section 544.410 - Discharge, when ordered.
Section 544.420 - Recognizance, when required.
Section 544.430 - Who may be bound by recognizance.
Section 544.440 - Commitment of witnesses.
Section 544.455 - Release of person charged, when — conditions which may be imposed.
Section 544.470 - Commitment of individual, when — presumption for aliens unlawfully present.
Section 544.472 - Persons confined to jail, verification of lawful immigration status required.
Section 544.490 - What courts may accept recognizance.
Section 544.500 - Recognizance, disposition of.
Section 544.510 - Bail, when taken other than by court.
Section 544.520 - Name of prosecutor returned with bail bond.
Section 544.530 - Bond or recognizance, by whom taken.
Section 544.540 - Court to fix conditions for release, when.
Section 544.550 - Recognizances, how taken.
Section 544.560 - Sheriff may set conditions for release, when.
Section 544.570 - Recognizances returned to clerk.
Section 544.575 - No proceeding upon a recognizance defeated for defects.
Section 544.580 - Qualification of sureties.
Section 544.590 - When security deemed sufficient.
Section 544.600 - Surrender of principal, how made.
Section 544.610 - Discharge of bailor's liability, how.
Section 544.620 - What deemed a surrender.
Section 544.640 - Recognizance forfeited, when.
Section 544.650 - Writ of scire facias, how served.
Section 544.660 - Writs of scire facias, service construed.
Section 544.665 - Failure to appear, penalty.
Section 544.671 - Certain defendants not entitled to bail for certain offenses.