Missouri Statute | Act | Code |Criminal Procedure| US Code - US Statute | Chapter 544 Arrest, Examination, Commitment And Bail

The term "magistrate", as used in this chapter, shall mean those
officers authorized by section 542.020, RSMo, to issue process to
preserve the peace, unless from the context of the law it appears that
the term refers to magistrates created by section 18 of article V of the
constitution in effect on and prior to January 1, 1979, in which event
the term shall mean an associate circuit judge or a division of the
circuit court presided over by an associate circuit judge. (1949 H.B.
2141 § 544.01, A.L. 1978 H.B. 1634)

Effective 1-2-79

Whenever complaint shall be made, in writing and upon oath, to
any associate circuit judge setting forth that a felony has been
committed, and the name of the person accused thereof, it shall be the
duty of such associate circuit judge to issue a warrant reciting the
accusation, and commanding the officer to whom it shall be directed
forthwith to take the accused and bring him before such associate circuit
judge, to be dealt with according to law. The complaint may be made and
the warrant may be issued via facsimile or other electronic means. (RSMo
1939 § 3857, A. 1949 H.B. 2141, A.L. 2004 S.B. 1211)

Prior revisions: 1929 § 3467; 1919 § 3812; 1909 § 5020

(1955) After individual had been arrested on complaint filed in
magistrate court on murder charge, probate court had no jurisdiction of
proceeding to have him committed as indigent insane person. State ex rel.
Lamar v. Impey, 365 Mo. 437, 283 S.W.2d 480.

Warrants authorized by law to be issued in criminal cases may be
under the hand of the associate circuit judge issuing the same, and shall
be as valid and effectual, in all respects, as if sealed. (RSMo 1939 §
4179)

Prior revisions: 1929 § 3789; 1919 § 4135; 1909 § 5340

If the offense charged is a bailable one, the associate circuit
judge who issued the warrant may, at the request of the person arrested,
release him as provided in section 544.455 for his appearance at the next
term of the court having jurisdiction of the offense. (RSMo 1939 § 3858,
A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3468; 1919 § 3813; 1909 § 5021

(1959) Where defendant was arrested in 1956 on his release from state
penitentiary on a 1953 warrant charging him with forgery and after his
release gave a bond on the postponement of his preliminary hearing, the
offense was barred by limitations since an information or indictment was
not filed in three years, and the bond consequently was invalid. State v.
Haverstick (Mo.), 326 S.W.2d 92.

1. Any person arrested and charged with violating a traffic law
of this state or a traffic ordinance of any county, city, town or village
may, at the discretion of both the officer authorized by law or rule of
court to accept bail and the person arrested, deposit his license to
operate a motor vehicle with a member of the highway patrol or with the
officer demanding bail in lieu of any other security for his appearance
in court to answer any such charge, except when the charge is for driving
while intoxicated, driving while under the influence of intoxicating
liquor or drugs, leaving the scene of a motor vehicle accident, driving
when his license is suspended or revoked, or for any charge made because
of a motor vehicle accident in which a death has occurred.

2. Notwithstanding the fact that the officer authorized by law or rule of
court to accept bail authorizes the person arrested to deposit his
license to operate a motor vehicle as his security for his appearance in
court, in lieu of depositing his license to operate a motor vehicle, the
person arrested may decline to deposit his license to operate a motor
vehicle as security and instead deposit a bond with the officer
authorized by law or rule of court to accept bail or other such officer
demanding bail in the amount of fifty dollars per traffic offense
allegedly committed. The officer shall issue a receipt for such a bond to
the person and deposit the bond with the judge, court clerk or other
officer requiring security for a court appearance.

3. The judge, court clerk or other officer requiring security for an
appearance shall accept the bond or deposit of the license in lieu of
bail and, if the license is accepted, shall issue a receipt to the
licensee for the license upon a form approved by the director of revenue.
The licensee may, until he has appeared at the proper time and place as
stated in the receipt to answer the charge placed against him, operate
motor vehicles while in possession of the receipt, and the receipt shall
be accepted in lieu of the license as provided by section 302.181, RSMo.
If a continuance is requested and granted, the licensee shall be given a
new receipt for his license.

4. Whether or not a license to operate a motor vehicle has been deposited
in lieu of bail pursuant to this section, if the driver fails to appear
at the proper time to answer the charge placed against him, the clerk of
the court, or the judge of the court if there is no clerk, shall within
ten days notify the director of revenue of the failure to appear, and the
director shall thereafter withhold any renewal of the license or the
issuance of a duplicate license to the licensee until notified by the
court that the charge has been reduced to final judgment. (L. 1967 p. 667
§ 1, A.L. 1985 H.B. 501, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 S.B.
125 & 341)

Effective 7-1-92

The Nonresident Violator Compact, hereinafter called "the
compact," is hereby enacted into law and entered into with all other
jurisdictions legally joining therein in the form substantially as
follows:

Article I

(a) The party jurisdictions find that:

(1) In most instances, a motorist who is cited for a traffic violation in
a jurisdiction other than his home jurisdiction:

(i) Must post collateral or bond to secure appearance for trial at a
later date; or

(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or

(iii) Is taken directly to court for his trial to be held.

(2) In some instances, the motorist's driver's license may be deposited
as collateral to be returned after he has complied with the terms of the
citation.

(3) The purpose of the practices described in paragraphs (1) and (2)
above is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue on his way after receiving the
traffic citation, could return to his home jurisdiction and disregard his
duty under the terms of the traffic citation.

(4) A motorist receiving a traffic citation in his home jurisdiction is
permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation and to immediately continue on his
way after promising or being instructed to comply with the terms of the
citation.

(5) The practice described in paragraph (1) above causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the
fine, and thus is compelled to remain in custody until some arrangement
can be made.

(6) The deposit of a driver's license as a bail bond, as described in
paragraph (2) above, is viewed with disfavor.

(7) The practices described herein consume an undue amount of law
enforcement time.

(b) It is the policy of the party jurisdictions to:

(1) Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of
the jurisdictions.

(2) Allow motorists to accept a traffic citation for certain violations
and proceed on their way without delay whether or not the motorist is a
resident of the jurisdiction in which the citation was issued.

(3) Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.

(4) Maximize effective utilization of law enforcement personnel and
assist court systems in the efficient disposition of traffic violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in
paragraph (b) above in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of traffic violators
operating within party jurisdictions in recognition of the motorist's
right of due process and the sovereign status of a party jurisdiction.

Article II

(a) In the Nonresident Violator Compact, the following words have the
meaning indicated, unless the context requires otherwise.

(b)(1) "Citation" means any summons, ticket, or other official document
issued by a police officer for a traffic violation containing an order
which requires the motorist to respond.

(2) "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a
citation for a traffic violation.

(3) "Court" means a court of law or traffic tribunal.

(4) "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of the home jurisdiction.

(5) "Home jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.

(6) "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.

(7) "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.

(8) "Motorist" means a driver of a motor vehicle operating in a party
jurisdiction other than the home jurisdiction.

(9) "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that he will comply with the
terms of that traffic citation.

(10) "Police officer" means any individual authorized by the party
jurisdiction to issue a citation for a traffic violation.

(11) "Terms of the citation" means those options expressly stated upon
the citation.

Article III

(a) When issuing a citation for a traffic violation, a police officer
shall issue the citation to a motorist who possesses a driver's license
issued by a party jurisdiction and shall not, subject to the exceptions
noted in paragraph (b) of this article, require the motorist to post
collateral to secure appearance, if the officer receives the motorist's
signed, personal recognizance that he or she will comply with the terms
of the citation.

(b) Personal recognizance is acceptable only if not prohibited by law. If
mandatory appearance is required, it must take place immediately
following issuance of the citation.

(c) Upon failure of a motorist to comply with the terms of a traffic
citation, the appropriate official shall report the failure to comply to
the licensing authority of the jurisdiction in which the traffic citation
was issued. The report shall be made in accordance with procedures
specified by the issuing jurisdiction and shall contain information as
specified in the Compact Manual as minimum requirements for effective
processing by the home jurisdiction.

(d) Upon receipt of the report, the licensing authority of the issuing
jurisdiction shall transmit to the licensing authority in the home
jurisdiction of the motorist the information in a form and content as
contained in the Compact Manual.

(e) The licensing authority of the issuing jurisdiction may not suspend
the privilege of a motorist for whom a report has been transmitted.

(f) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation if the date of transmission is more
than six months after the date on which the traffic citation was issued.

(g) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation where the date of issuance of the
citation predates the most recent of the effective dates of entry for the
two jurisdictions affected.

Article IV

(a) Upon receipt of a report of a failure to comply from the licensing
authority of the issuing jurisdiction, the licensing authority of the
home jurisdiction shall notify the motorist and initiate a suspension
action, in accordance with the home jurisdiction's procedures, to suspend
the motorist's driver's license until satisfactory evidence of compliance
with the terms of the traffic citation has been furnished to the home
jurisdiction licensing authority. Due process safeguards will be accorded.

(b) The licensing authority of the home jurisdiction shall maintain a
record of actions taken and make reports to issuing jurisdictions as
provided in the Compact Manual.

Article V

Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
jurisdiction to apply any of its other laws relating to licenses to drive
to any person or circumstance, or to invalidate or prevent any driver
license agreement or other cooperative arrangement between a party
jurisdiction and a nonparty jurisdiction.

Article VI

(a) For the purpose of administering the provisions of this compact and
to serve as a governing body for the resolution of all matters relating
to the operation of this compact, a Board of Compact Administrators is
established. The board shall be composed of one representative from each
party jurisdiction to be known as the compact administrator. The compact
administrator shall be appointed by the jurisdiction executive and will
serve and be subject to removal in accordance with the laws of the
jurisdiction he represents. A compact administrator may provide for the
discharge of his duties and the performance of his functions as a board
member by an alternate. An alternate may not be entitled to serve unless
written notification of his identity has been given to the board.

(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the board are
cast in favor. Action by the board shall be only at a meeting at which a
majority of the party jurisdictions are represented.

(c) The board shall elect annually, from its membership, a chairman and a
vice chairman.

(d) The board shall adopt bylaws, not inconsistent with the provisions of
this compact or the laws of a party jurisdiction, for the conduct of its
business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any jurisdiction,
the United States, or any other governmental agency, and may receive,
utilize, and dispose of the same.

(f) The board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or
corporation, or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this
compact. All procedures and forms adopted pursuant to board action shall
be contained in the Compact Manual.

Article VII

(a) This compact shall become effective when it has been adopted by at
least two jurisdictions.

(b)(1) Entry into the compact shall be made by a Resolution of
Ratification executed by the authorized officials of the applying
jurisdiction and submitted to the chairman of the board.

(2) The resolution shall be in a form and content as provided in the
Compact Manual and shall include statements that in substance are as
follows:

(i) A citation of the authority by which the jurisdiction is empowered to
become a party to this compact.

(ii) Agreement to comply with the terms and provisions of the compact.

(iii) That compact entry is with all jurisdictions then party to the
compact and with any jurisdiction that legally becomes a party to the
compact.

(3) The effective date of entry shall be specified by the applying
jurisdiction, but it shall not be less than 60 days after notice has been
given by the chairman of the Board of Compact Administrators or by the
secretariat of the board to each party jurisdiction that the resolution
from the applying jurisdiction has been received.

(c) A party jurisdiction may withdraw from this compact by official
written notice to the other party jurisdictions, but a withdrawal shall
not take effect until 90 days after notice of withdrawal is given. The
notice shall be directed to the compact administrator of each member
jurisdiction. No withdrawal shall affect the validity of this compact as
to the remaining party jurisdictions.

Article VIII

The provisions of this compact shall not apply to parking or standing
violations, highway weight limit violations, and violations of law
governing the transportation of hazardous materials.

Article IX

(a) This compact may be amended from time to time. Amendments shall be
presented in resolution form to the chairman of the Board of Compact
Administrators and may be initiated by one or more party jurisdictions.

(b) Adoption of an amendment shall require endorsement of all party
jurisdictions and shall become effective 30 days after the date of the
last endorsement.

(c) Failure of a party jurisdiction to respond to the compact chairman
within 120 days after receipt of the proposed amendment shall constitute
endorsement.

Article X

This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party jurisdiction or
of the United States or the applicability thereof to any government,
agency, person, or circumstance, the compact shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any jurisdiction party thereto, the compact shall remain in full force
and effect as to the remaining jurisdictions and in full force and effect
as to the jurisdiction affected as to all severable matters.

Article XI

This compact shall be known as the Nonresident Violator Compact. (L. 1980
H.B. 980 § 1)

(1991) Missouri nonresident violator compact does not infringe upon the
rights of the national government in violation of art. 1, sec. 10,
U.S.C.A. State v. Kurt, 802 S.W.2d 954 (Mo.banc).

All recognizances required or authorized to be taken in any
criminal proceedings in open court, by any court of record, shall be
entered on the minutes of such court and the substance thereof shall be
read to the person recognized. All other recognizances in any criminal
matter or proceeding, or in any proceeding of a similar nature, shall be
in writing and shall be subscribed by the parties to be bound thereby.
(RSMo 1939 § 4180)

Prior revisions: 1929 § 3790; 1919 § 4136; 1909 § 5341

When an indictment is found, the court may direct the clerk to
issue a warrant returnable forthwith; and if no order is made he must
issue warrants upon all indictments as soon as practicable after the
close of the term, unless otherwise ordered by the judge or prosecuting
attorney; provided, that no warrants shall be issued for persons who may
be in custody at the time of the finding of such indictment, and in cases
where two or more indictments are found against one person, but one
warrant shall be issued, which shall enumerate the several offenses
charged in the indictments. At the time of issuing a warrant, the clerk
shall issue subpoenas for the witnesses on behalf of the state, but such
subpoenas shall not be served until the defendant is arrested or in
custody. (RSMo 1939 § 3956)

Prior revisions: 1929 § 3567; 1919 § 3910; 1909 § 5117

A warrant or other process for the arrest of the defendant
indicted may be issued by the court in which such indictment shall have
been found or may be pending, or by the judge or clerk thereof, or by any
judge of the supreme court, and by no other officers, and may be directed
to and executed in any county in this state. (RSMo 1939 § 3955)

Prior revisions: 1929 § 3566; 1919 § 3909; 1909 § 5116

The warrant shall issue to the sheriff of the county where the
indictment or information is filed, unless the prosecuting attorney
directs it to be issued to some other county; warrants may be issued to
different counties at the same time. The sheriff must execute the warrant
and subpoenas immediately after receiving them. (RSMo 1939 § 3957)

Prior revisions: 1929 § 3568; 1919 § 3911; 1909 § 5118

Warrants issued by those persons vested by section 1 of article
V of the Constitution of Missouri with the judicial power of the state
may be executed in any part of this state. (RSMo 1939 § 3859, A.L. 1978
H.B. 1634, A.L. 1993 S.B. 180)

Prior revisions: 1929 § 3469; 1919 § 3814; 1909 § 5022

If the person against whom any warrant granted by an associate
circuit judge, mayor or chief officer of a city or town shall be issued,
escape or be in any other county, it shall be the duty of any associate
circuit judge authorized to issue a warrant in the county in which such
offender may be or is suspected to be, on proof of the handwriting of the
associate circuit judge issuing the warrant to endorse his name thereon,
and thereupon the offender may be arrested in such county by the officer
bringing such warrant, or any officer within the county within which the
warrant is so endorsed; and any such warrant may be executed in any
county within this state by the officer to whom it is directed, if the
clerk of the county commission of the county in which the warrant was
issued shall endorse upon or annex to the warrant his certificate, with
the seal of said commission affixed thereto, that the officer who issued
such warrant was at the time an acting officer fully authorized to issue
the same, and that his signature thereto is genuine. (RSMo 1939 § 3860,
A. 1949 H.B. 2141)

Prior revisions: 1929 § 3470; 1919 § 3815; 1909 § 5023

When any person who shall have committed a felony in one county
shall escape into another, any associate circuit judge within the county
in which such offender may be found may, upon complaint in writing and
upon oath being made before him charging such person with such offense,
issue his warrant for the apprehension of such offender, and the officer
making the arrest shall convey the prisoner to the county in which the
offense is charged to have been committed, as prescribed in section
544.260. (RSMo 1939 § 3861)

Prior revisions: 1929 § 3471; 1919 § 3816; 1909 § 5024

Whenever any felony shall be committed, and the offender attempt
to escape, public notice thereof shall be immediately given, at all
places near where the same was committed, and pursuit shall be forthwith
made after the offender by sheriffs, coroners and constables, and all
others who shall be thereto required by any such officers; and the
offender may be arrested by any such officer or his assistants without
warrant. (RSMo 1939 § 3882)

Prior revisions: 1929 § 3492; 1919 § 3837; 1909 § 5045

When any person shall be so pursued and arrested, he shall be
immediately taken before some associate circuit judge authorized to act
under the provisions of this chapter, who shall proceed thereon in the
same manner as if the prisoner had been arrested on a warrant. (RSMo 1939
§ 3883)

Prior revisions: 1929 § 3493; 1919 § 3838; 1909 § 5046

The governor may offer a reward of not to exceed three hundred
dollars for the apprehension and delivery to the proper sheriff or other
officer designated by him, of any person charged with or convicted of a
felony and who has broken prison, escaped or fled from justice and
absconded or secreted himself. The proper sheriff on delivery of the
fugitive shall give his receipt therefor and the governor, upon
presentation of the receipt, shall certify the amount of the reward to
the commissioner of administration for payment out of the state treasury.
(L. 1957 p. 378 § 544.155)

Whenever the county commission of any county in this state, or
any two commissioners thereof in vacation, shall be satisfied that any
felony has been committed in said county, such commission or
commissioners may, at their discretion, offer a standing reward of not
exceeding five hundred dollars for the apprehension and arrest of the
person or persons committing the same, which reward shall be paid out of
the county treasury; but in no instance shall any reward, or any part
thereof, be paid to any person who may be entitled thereto until final
conviction of the defendant. (RSMo 1939 § 3890)

Prior revisions: 1929 § 3500; 1919 § 3845; 1909 § 5053

1. Any member of a duly organized state, county, or municipal
peace unit of another state of the United States who enters this state in
fresh pursuit, and continues within this state in such fresh pursuit, of
a person in order to arrest such person on the ground that such person is
believed to have committed a felony or the crime of driving while
intoxicated or driving with excessive blood alcohol content in such other
state, shall have the same authority to arrest and hold such person in
custody, as has any member of any duly organized state, county, or
municipal peace unit of this state, to arrest and hold in custody a
person on the ground that such person is believed to have committed a
felony or the crime of driving while intoxicated or driving with
excessive blood alcohol content in this state; provided, the rights
extended by this subsection shall be extended only to those states
granting these same rights to peace officers of this state who may be in
fresh pursuit of suspected criminals in such reciprocating states.

2. If an arrest is made in this state by an officer of another state in
accordance with the provisions of subsection 1 of this section, the
arresting officer shall, without unnecessary delay, take the person
arrested before a judge of a court of competent jurisdiction in the
county in which the arrest was made, who shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the judge
determines that the arrest was lawful, the judge shall order the person
arrested to await, for a reasonable time, the issuance of an extradition
warrant by the governor of this state, or admit such person to bail for
such purpose. If the judge determines that the arrest was unlawful the
judge shall discharge the person arrested.

3. Subsection 1 of this section shall not be construed so as to make
unlawful any arrest in this state which would otherwise be lawful.

4. For the purpose of this section, the word "state" includes the
District of Columbia.

5. The term "fresh pursuit", as used in this section, includes fresh
pursuit as defined by the common law, and also the pursuit of a person
who has committed a felony or the crime of driving while intoxicated or
driving with excessive blood alcohol content or who is reasonably
suspected of having committed a felony or the crime of driving while
intoxicated or driving with excessive blood alcohol content. It shall
also include the pursuit of a person suspected of having committed a
supposed felony or the crime of driving while intoxicated or driving with
excessive blood alcohol content, though no felony or the crime of driving
while intoxicated or driving with excessive blood alcohol content has
actually been committed, if there is reasonable ground for believing that
a felony or the crime of driving while intoxicated or driving with
excessive blood alcohol content has been committed. Fresh pursuit, as
used therein, shall not necessarily imply instant pursuit, but pursuit
without unreasonable delay.

6. This section may be cited as the "Uniform Law on Fresh Pursuit". (L.
1951 p. 456 §§ 1 to 6, A.L. 1996 S.B. 850)

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

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

3. The term "fresh pursuit", as used in this section, shall include hot
or fresh pursuit as defined by the common law and also the pursuit of a
person who has committed a felony or is reasonably suspected of having
committed a felony in this state, or who has committed or attempted to
commit in this state a criminal offense or violation of municipal or
county ordinance in the presence of the arresting officer referred to in
subsection 1 of this section or for whom such officer holds a warrant of
arrest for a criminal offense. It shall include also the pursuit of a
person suspected of having committed a supposed felony in this state,
though no felony has actually been committed, if there is reasonable
ground for so believing. "Fresh pursuit" as used herein shall imply
instant pursuit.

4. A public agency electing to institute vehicular pursuits shall adopt a
policy for the safe conduct of vehicular pursuits by peace officers. 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 pursuit vehicle
and for determining the total number of vehicles to be permitted to
participate at one time in the pursuit;

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

(4) There shall be guidelines for determining when the interests of
public safety and effective law enforcement justify a vehicular pursuit
and when a vehicular pursuit should not be initiated or should be
terminated. (L. 1965 p. 662 §§ 1 to 6, A.L. 1972 H.B. 1160, A.L. 1993
S.B. 180, A.L. 1995 H.B. 421, A.L. 1997 H.B. 69 & 179 & H.B. 669)

If any person sentenced to imprisonment in a county jail or in
the penitentiary on a conviction for a criminal offense shall escape, he
may be pursued, retaken and imprisoned again, notwithstanding the term
for which he was sentenced to be imprisoned may have expired at the time
he is retaken, and remain so imprisoned until tried for such escape, or
until he be discharged by a failure to prosecute therefor. (RSMo 1939 §
4318)

Prior revisions: 1929 § 3924; 1919 § 3172; 1909 § 4390

1. All persons arrested and confined in any jail or other place
of confinement by any peace officer, without warrant or other process,
for any alleged breach of the peace or other criminal offense, or on
suspicion thereof, shall be discharged from said custody within twenty-
four hours from the time of such arrest, unless they shall be charged
with a criminal offense by the oath of some credible person, and be held
by warrant to answer to such offense.

2. In any confinement to which the provisions of this section apply, the
confinee shall be permitted at any reasonable time to consult with
counsel or other persons acting on the confinee's behalf.

3. Any person who violates the provisions of this section, by refusing to
release any person who is entitled to release pursuant to this section,
or by refusing to permit a confinee to consult with counsel or other
persons, or who transfers any such confinees to the custody or control of
another, or to another place, or who falsely charges such person, with
intent to avoid the provisions of this section, is guilty of a class A
misdemeanor. (RSMo 1939 § 4346, A.L. 2001 H.B. 80, A.L. 2005 H.B. 353)

Prior revisions: 1929 § 3952; 1919 § 3200; 1909 § 4418

CROSS REFERENCES: Concealment of prisoners to avoid service of habeas
corpus writ, penalty, RSMo 532.650 Custodian to furnish prisoners copy of
process within six hours after demand, penalty for failure, RSMo 532.630
Police in city of St. Louis may refuse access to prisoners by shysters or
attorneys soliciting business, RSMo 84.230 Rearrest of person discharged
on habeas corpus, penalty, RSMo 532.660

(1961) The fact that a peace officer violates a statute by holding a
person in excess of the time provided by law without charging him with a
criminal offense does not, as a matter of law, render the prisoner's
confession involuntary. State v. Bridges (Mo.), 349 S.W.2d 214.

(1963) Failure to release a prisoner in the time prescribed by this
section without having him charged with a criminal offense does not, as a
matter of law, render the prisoner's confession involuntary, but such
facts together with long period of interrogation were evidence of mental
duress and coercion necessitating inclusion in instruction governing
voluntariness of defendant's confessions the submission of issue of
mental coercion. State v. Williams (Mo.), 369 S.W.2d 408.

(1966) A prisoner's confession is not rendered involuntary as a matter of
law by the fact that a peace officer violates a statute by holding a
person in excess of the time provided by law without charging him with a
criminal offense. State v. Paghe (Mo.), 403 S.W.2d 635.

(1972) Detention beyond statutory limit, standing alone, is not
sufficient to make an otherwise voluntary statement involuntary. Roberts
v. State (Mo.), 476 S.W.2d 490.

(1976) Held that confinement for more than twenty hours is not a wrongful
confinement in a constitutional sense and violation of the statute would
not be grounds for suppressing a confession. United States v. Rose (C.A.
Mo.), 541 F.2d 750.

(1996) Statute is not intended to be an investigative tool for police,
but sets a limit on the time a suspect may be detained, whose arrest was
otherwise lawful, while determining whether there is sufficient evidence
of a crime to take to a judge or prosecutor. "Therefore, any
interpretation of section 544.170 which includes authority for making
investigative arrests would clearly be unconstitutional." U.S. v.
Roberts, 928 F.Supp. 910 (W.D. Mo.).

An arrest is made by an actual restraint of the person of the
defendant, or by his submission to the custody of the officer, under
authority of a warrant or otherwise. The officer must inform the
defendant by what authority he acts, and must also show the warrant if
required. (RSMo 1939 § 3959)

Prior revisions: 1929 § 3570; 1919 § 3913; 1909 § 5120

CROSS REFERENCE: Detention of one as shoplifter not false arrest, RSMo
537.125

(1954) Under Missouri law a private person may make an arrest on showing
of actual commission of a felony and reasonable grounds to suspect the
accused. Richardson v. U.S., 217 F.2d 696.

(1960) Officer has a right to rely upon the presumption of the
constitutionality of statute or city ordinance notwithstanding such
ordinance or statute is subsequently declared to be void. Accordingly,
the validity of the ordinance under which arrest was made would not be
decided by the court in action for false imprisonment. Manson v. Wabash
Railroad Co. (Mo.), 338 S.W.2d 54.

(1973) A private citizen may make an arrest without a warrant on a
showing of commission of a felony and reasonable grounds to suspect the
arrested party. State v. Fritz (Mo.), 490 S.W.2d 46.

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. (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.

1. As used in sections 544.193 to 544.197:

(1) "Body cavity search" means the inspection of a person's anus or
genitalia, including but not limited to inspections conducted visually,
manually or by means of any physical instrument.

(2) "Strip search" means the removal or rearrangement of some or all of
the clothing of a person so as to permit an inspection of the genitals,
buttocks, anus, breasts or undergarments of such person, including but
not limited to inspections conducted visually, manually or by means of
any physical instrument.

2. No person arrested or detained for a traffic offense or an offense
which does not constitute a felony may be subject to a strip search or a
body cavity search by any law enforcement officer or employee unless
there is probable cause to believe that such person is concealing a
weapon, evidence of the commission of a crime or contraband.

3. All strip searches and body cavity searches conducted by law
enforcement officers or employees in this state shall be performed by
persons of the same sex as the person being searched, and shall be
conducted on premises where the search cannot be observed by any person
other than the persons physically conducting the search, except that
nothing herein shall be interpreted to prohibit a readily available
person from being present at the request and consent of the person being
searched.

4. A body cavity search of any person detained or arrested for a traffic
offense or an offense which does not constitute a felony may only be
conducted pursuant to a duly executed search warrant, under sanitary
conditions and by a physician, registered nurse or practical nurse,
licensed to practice in this state.

5. Every law enforcement officer or employee conducting a strip search or
body cavity search shall:

(1) Obtain the written permission of the person in command of the law
enforcement agency in which the strip search or body cavity search is to
be conducted authorizing the strip search or body cavity search; and

(2) Prepare a report regarding the strip search or body cavity search.
The report shall include:

(a) The written permission required in subdivision (1) above;

(b) The name of the person searched;

(c) The name of the persons conducting the search;

(d) The time, date and place of the search. A copy of the report shall be
furnished to the person who was searched. (L. 1980 H.B. 982 § 1)

1. Nothing in sections 544.193 to 544.197 shall be construed as
limiting any common law or statutory rights of any person regarding any
action for damages or injunctive relief, or as precluding the prosecution
under another provision of law of any law enforcement official or
employee who has violated sections 544.193 to 544.197.

2. Any person who suffers actual damage as a result of the violation of
sections 544.193 to 544.197 may bring a private civil action in the
circuit court of any county in which any defendant resides or in which
the search complained of occurred or in which any plaintiff resides and a
defendant may be found, to recover actual damages. In addition to actual
damages, the court may, in its discretion, also award punitive damages
and such equitable relief as it deems necessary and proper. The court may
award reasonable attorney's fees to the prevailing party, which
attorney's fees shall be based on the amount of time reasonably expended
by an attorney on behalf of the prevailing party. (L. 1980 H.B. 962 § 2)

The provisions of sections 544.193 to 544.197 shall not apply to
persons committed to a correctional institution or jail by judgment of a
court of competent jurisdiction. (L. 1980 H.B. 982 § 3)

To make an arrest in criminal actions, the officer may break
open any outer or inner door or window of a dwelling house or other
building, or any other enclosure, if, after notice of his office and
purpose, he be refused admittance. (RSMo 1939 § 3889)

Prior revisions: 1929 § 3499; 1919 § 3844; 1909 § 5052

(1968) Held facts justified forcible entry and arrest without warrant.
State v. Novak (Mo.), 428 S.W.2d 585.

An arrest may be made on any day or at any time of the day or
night. If any person arrested escape or be rescued, the person from whose
custody he made his escape or was rescued may immediately pursue and
retake him at any time and within any place in the state, and may command
assistance as in making arrests in other cases. (RSMo 1939 § 3961)

Prior revisions: 1929 § 3572; 1919 § 3915; 1909 § 5122

CROSS REFERENCE: Process to preserve peace or to arrest offender, may
issue on Sunday, RSMo 476.250

Any sheriff or deputy sheriff, any member of the Missouri state
highway patrol, and any county or municipal law enforcement officer in
this state, except those officers of a political subdivision or
municipality having a population of less than two thousand persons or
which does not have at least four full-time nonelected peace officers
unless such subdivision or municipality has elected to come under and is
operating pursuant to the provisions of sections 590.100 to 590.150,
RSMo, may arrest on view, and without a warrant, any person the officer
sees violating or who such officer has reasonable grounds to believe has
violated any law of this state, including a misdemeanor or infraction, or
has violated any ordinance over which such officer has jurisdiction.
Peace officers of a municipality shall have arrest powers, as described
in this section, upon lands which are leased or owned by the municipality
in an unincorporated area. Ordinances enacted by a municipality, owning
or leasing lands outside its boundaries, may be enforced by peace
officers of the municipality upon such owned or leased lands. The power
of arrest authorized by this section is in addition to all other powers
conferred upon law enforcement officers, and shall not be construed so as
to limit or restrict any other power of a law enforcement officer. (L.
1983 S.B. 72 § 2, A.L. 1986 S.B. 450, A.L. 1993 S.B. 180, A.L. 1996 H.B.
1047)

CROSS REFERENCES: Arrest on suspicion, Kansas City, RSMo 84.440 Arrest on
suspicion, St. Louis City, RSMo 84.090 Failure to execute arrest warrant,
penalty, RSMo 575.180

Every officer or other person, who shall have arrested or have
in his custody, under the authority of the law of this state, any
prisoner who is to be conveyed from one county to another, may carry such
prisoner through such parts of any county as shall be in the ordinary
route of travel from the place where such prisoner shall have been
arrested to the place where he is to be conveyed and delivered, under the
process or authority by which such prisoner shall have been arrested or
is detained. (RSMo 1939 § 4181)

Prior revisions: 1929 § 3791; 1919 § 4137; 1909 § 5342

The officer or person having such prisoner in charge shall not
be liable to arrest or civil process while on his route; and he shall
have the like power to require any person to aid in securing such
prisoner and retaking him if he escape as sheriffs or other officers have
in their own county; and a refusal or neglect to render such aid shall be
an offense punishable in the same manner as for disobedience to a summons
to assist in the execution of process. (RSMo 1939 § 4182)

Prior revisions: 1929 § 3792; 1919 § 4138; 1909 § 5343

The jailer of every county through which such prisoner may be
taken is required to receive and safely keep such prisoner in the jail of
which he has charge, when thereto requested by the officer or person
having lawful charge of such prisoner, and to redeliver him on demand of
such officer or person. (RSMo 1939 § 4183)

Prior revisions: 1929 § 3793; 1919 § 4139; 1909 § 5344

No prosecuting or circuit attorney in this state shall file any
information charging any person or persons with any felony, until such
person or persons shall first have been accorded the right of a
preliminary examination before some associate circuit judge in the county
where the offense is alleged to have been committed in accordance with
this chapter. And if upon such hearing the associate circuit judge shall
determine that the alleged offense is one on which the accused may be
released, the associate circuit judge may release him as provided in
section 544.455 conditioned for his appearance at a time certain before a
circuit judge, or associate circuit judge who is specially assigned, and
thereafter as directed by the court to answer such charges as may be
preferred against him, abide sentence and judgment therein, and not to
depart the court without leave; provided, a preliminary examination shall
in no case be required where same is waived by the person charged with
the crime, or in any case where an information has been substituted for
an indictment as authorized by section 545.300, RSMo. (RSMo 1939 § 3893,
A.L. 1972 H.B. 1160, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3503; 1919 § 3848; 1909 § 5056

Effective 1-2-79

(1955) Where instrument meeting requirements of information in felony
case was filed in magistrate court, it would likely be sufficient as
complaint, but, in absence of the filing of an information in circuit
court after accused waived preliminary hearing, circuit court had no
jurisdiction. State v. McQueen (Mo.), 282 S.W.2d 539.

(1960) Although evidence at preliminary hearing may have been scanty it
was sufficient and in any event objections based on such insufficiency
would not deprive circuit court of jurisdiction of the principal cause
and its trial. State v. Hester (Mo.), 331 S.W.2d 535.

(1971) Prosecutor has no authority to file an information charging a
felony until a magistrate has found that a felony was committed and there
was probable cause to believe the prisoner guilty thereof, and, where
information substantially varied from complaint, prohibition would lie to
prevent prosecution in Circuit Court. State ex rel. Buresh v. Adams
(Mo.), 468 S.W.2d 18.

(1977) Where complaint charged first degree murder by strangulation, and
information charged second degree murder by strangulation and skull
fracture, there was not a substantial departure from the complaint. State
v. Clark (A.), 546 S.W.2d 455.

Persons arrested under any warrant for any offense shall, when
no provision is otherwise made, be brought before the associate circuit
judge who issued the warrant, or if he be absent or his office be vacant,
or if he be not authorized to act within the county in which the offense
was committed, then before the nearest associate circuit judge in such
county; and the warrant by virtue of which the arrest was made, with a
proper return endorsed thereon and signed by the officer or person making
the arrest, shall be delivered to such associate circuit judge. (RSMo
1939 § 3862)

Prior revisions: 1929 § 3472; 1919 § 3817; 1909 § 5025

The associate circuit judge before whom any such person shall be
brought shall proceed, as soon as may be, to examine the complainant and
witnesses produced in support of the prosecution, on oath, in the
presence of the prisoner, in regard to the offense charged, and other
matters connected with such charge which such associate circuit judge may
deem pertinent. (RSMo 1939 § 3863)

Prior revisions: 1929 § 3473; 1919 § 3818; 1909 § 5026

When a person committed to the department of corrections is a
defendant in a criminal or civil proceeding other than jury trials, or a
plaintiff in a civil proceeding other than a jury trial, or the movant in
a postconviction proceeding, such proceeding may in the discretion of the
judge be heard within a correctional facility of the department of
corrections. (L. 1981 H.B. 223 § 1, A.L. 1988 H.B. 1340 & 1348, A.L. 1990
H.B. 974)

(1987) Use of video hookup between courtroom and facility of dept. of
corrections not authorized by statute prior to 1988 amendment. State ex
rel. Turner v. Kinder, 740 S.W.2d 654 (Mo.banc).

The order of conducting the trial or hearing, with respect to
the introduction of the evidence and the examination of witnesses, shall
be the same as governs in the trial of criminal cases before circuit
judges, as far as practicable. (RSMo 1939 § 3869, A. 1949 H.B. 2141, A.L.
1978 H.B. 1634)

Effective 1-2-79

An associate circuit judge shall be disqualified to conduct an
examination of any person accused of felony as provided in this chapter
if an affidavit is filed in his office by the accused, the prosecuting
attorney, or the complainant, before the commencement of such
examination, stating that the associate circuit judge is near of kin to
the accused by blood or marriage; or that the offense charged is alleged
to have been committed against the person or property of such associate
circuit judge; or against some person near of kin to him by blood or
marriage; or that the associate circuit judge is in anywise interested or
prejudiced, or shall have been counsel in the matter, as the affiant
verily believes. (L. 1945 p. 842 § 3864a)

If the associate circuit judge is disqualified as provided in
section 544.290, he shall certify the case for assignment to the
presiding judge of the circuit and the case shall be assigned in the same
manner as provided for civil cases in section 517.520, RSMo. (L. 1945 p.
842 § 3864b, A.L. 1978 H.B. 1634)

Effective 1-2-79

It shall be lawful for any associate circuit judge to whom any
complaint shall be made, or before whom any prisoner shall be brought, as
herein provided, to associate with himself any other associate circuit
judge of the same county, and the powers and duties herein mentioned may
be executed by such two associate circuit judges so associated; and if
there be a difference of opinion between the two associate circuit judges
on any question, the decision of the former shall prevail. (RSMo 1939 §
3881)

Prior revisions: 1929 § 3491; 1919 § 3836; 1909 § 5044

An associate circuit judge may adjourn an examination of a
prisoner pending before himself, from time to time as occasion requires,
not exceeding twenty-one days at one time, and to the same or any
different place in the county, as he deems necessary; and for the purpose
of enabling the prisoner or prosecuting attorney to procure the
attendance of witnesses, or for other good and sufficient cause shown by
said prisoner or prosecuting attorney, said associate circuit judge shall
allow such an adjournment on the motion of the prisoner or prosecuting
attorney. In the meantime, if the party is charged with an offense not
bailable he shall be committed; otherwise he may be released as provided
in section 544.455 for his appearance, before such associate circuit
judge or before any associate circuit judge who may be authorized to hear
the matter, for such further examination, and not to depart without leave
of the court, and for want of such recognizance he shall be committed;
provided that the associate circuit judge shall continue the cause in
excess of twenty-one days in order to comply with section 510.120, RSMo.
(RSMo 1939 § 3864, A.L. 1945 p. 842, A.L. 1971 H.B. 439, A.L. 1972 H.B.
1160)

Prior revisions: 1929 § 3474; 1919 § 3819; 1909 § 5027

(1976) Held that granting a continuance in excess of ten days does not
cause magistrate to lose jurisdiction. State v. Canania (A.), 537 S.W.2d
203.

If the person recognized does not appear before the associate
circuit judge according to the condition of such recognizance, the
associate circuit judge shall record the default, but such default may be
set aside by the associate circuit judge on the appearance of the
prisoner, and for good cause shown, at any time to which the examination
may be continued by said associate circuit judge; and in case such
default be not set aside, as aforesaid, the associate circuit judge shall
certify the recognizance, with a record of such default, to the court
having cognizance of the offense charged against the person so
recognized, and the like proceedings shall be had thereon as upon breach
of condition of a recognizance for appearance before said court. (RSMo
1939 § 3865)

Prior revisions: 1929 § 3475; 1919 § 3820; 1909 § 5028

(1967) Where defendants charged with felony forfeited bond, the
magistrate court had jurisdiction only to record default not to enter
judgment thereon against surety. Criminal Rule 32.12 cannot enlarge the
jurisdiction of the magistrate court and as the magistrate court lacked
jurisdiction to enter a judgment against surety, the circuit court
acquired no jurisdiction on appeal. State v. Anderson (Mo.), 413 S.W.2d
161.

(1971) The state as obligee is not entitled to enforcement of a
forfeiture of an appearance bond where the principal was confined by the
obligee and by reason of that confinement, the surety was prevented from
producing the principal in court and satisfying the condition of the
bond. State v. Savage (Mo.), 461 S.W.2d 887.

When such person is not released as provided in section 544.455,
he may be committed to prison by an order under the hand of the associate
circuit judge, stating concisely that he is committed for further
examination on a future day, to be named in the order, and on the day
appointed he may be brought before the associate circuit judge, by his
verbal order to the officer who made the commitment, or by his order in
writing to a different person. (RSMo 1939 § 3866, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3476; 1919 § 3821; 1909 § 5029

The associate circuit judge shall strictly inform the prisoner
of the charge made against him, and read to him the complaint, if
requested to do so, and he shall allow the prisoner reasonable time to
advise with his counsel, and, for that purpose, to send for counsel, if
he require it. (RSMo 1939 § 3867)

Prior revisions: 1929 § 3477; 1919 § 3822; 1909 § 5030

While any witness for or against the prisoner is under
examination, the associate circuit judge may exclude from the place in
which such examination is had all witnesses who have not been examined,
and he may cause the witnesses to be kept separate and prevented from
conversing with each other, until they shall have been examined. (RSMo
1939 § 3868)

Prior revisions: 1929 § 3478; 1919 § 3823; 1909 § 5031

In all cases of homicide, but in no other, the evidence given by
the several witnesses shall be reduced to writing by the associate
circuit judge, or under his direction, and shall be signed by the
witnesses respectively. (RSMo 1939 § 3870)

Prior revisions: 1929 § 3480; 1919 § 3825; 1909 § 5033

(1963) Admission in evidence in murder prosecution of transcript of
testimony of deceased's widow at preliminary hearing which was not signed
by witness nor certified by the magistrate to the circuit court was
reversible error where the testimony in connection with other state's
evidence conflicted with defendant's evidence. State v. Luttrell (Mo.),
366 S.W.2d 453.

(1966) As there is no constitutional requirement that there be a
transcript of the testimony in a preliminary hearing, nor even a
constitutional requirement that a preliminary hearing be held, defendant
had no constitutional right to have a transcript of preliminary hearing.
State v. Maxwell (Mo.), 400 S.W.2d 156.

At any preliminary hearing conducted in the courts of this
state, a report from any crime laboratory in the state, or from any
federal crime laboratory, relating to the testing, analysis,
identification, or comparison of evidence and certified under the seal of
that laboratory shall be received into evidence on the issue of the
results of scientific tests. The accused or his attorney of record shall
be provided with a copy of such report at least ten days prior to the
preliminary hearing and shall have the opportunity before the hearing
upon notice to the state of the time and place to conduct the interview,
which may be recorded, of any person who conducted the testing, analysis,
identification, or comparison of evidence which is the subject matter of
the report. Nothing in this section shall affect the right of the accused
to subpoena such person. (L. 1987 H.B. 341 § 2, A.L. 1998 H.B. 1147, et
al.)

CROSS REFERENCE: Crime laboratory assistance program, RSMo 650.100,
650.105

After the examination of the complainant and the witnesses on
the part of the prosecution, the witnesses for the accused may be sworn
and examined, and the prisoner may, at his request, be sworn and examined
as a witness in his behalf, under the restrictions applicable to the
examination of defendants in the trial of criminal cases. (RSMo 1939 §
3871)

Prior revisions: 1929 § 3481; 1919 § 3826; 1909 § 5034

All examinations and recognizances taken in pursuance of the
provisions of this chapter shall be certified by the associate circuit
judge taking the same, and delivered to the clerk of the court in which
the offense is cognizable, on or before the first day of the next term
thereof, except that where the prisoner is committed to jail, the
examination of himself and of the witnesses for or against him, duly
certified, shall accompany the warrant of commitment, and be delivered
therewith to the jailer. (RSMo 1939 § 3879)

Prior revisions: 1929 § 3489; 1919 § 3834; 1909 § 5042

(1966) This statute is not jurisdictional, but is intended to assure a
fair preliminary examination and to preserve the evidence taken. State v.
Hughey (Mo.), 404 S.W.2d 725.

If any associate circuit judge refuses or neglects to certify
and return, as required by section 544.390, any examination or
recognizance by him taken, he may be required, by rule of court,
forthwith to return the same, and in case of disobedience may be
proceeded against by attachment. (RSMo 1939 § 3880)

Prior revisions: 1929 § 3490; 1919 § 3835; 1909 § 5043

If upon the examination of the whole matter, it appears to the
associate circuit judge either that no offense has been committed by any
person, or that there is no probable cause for charging the prisoner
therewith, he shall discharge such prisoner. (RSMo 1939 § 3872)

Prior revisions: 1929 § 3482; 1919 § 3827; 1909 § 5035

If it appear that a felony has been committed, and that there is
probable cause to believe the prisoner guilty thereof, the associate
circuit judge shall bind, by recognizance, the prosecutor, and all
material witnesses against such prisoner, to appear and testify before
the court having cognizance of the offense, on such day as the
prosecuting attorney shall designate in writing duly filed with the
associate circuit judge at the time, and not to depart such court without
leave. (RSMo 1939 § 3873)

Prior revisions: 1929 § 3483; 1919 § 3828; 1909 § 5036

(1977) Preliminary hearing is in no sense a trial and primary purpose is
to prevent abuse of power by the prosecution. State v. Clark (A.), 546
S.W.2d 455.

Infants and married women shall be deemed capable, in law, of
binding themselves by recognizance for their appearance and attendance,
as specified in section 544.420, in like manner and with like effect as
other persons. (RSMo 1939 § 3874)

Prior revisions: 1929 § 3484; 1919 § 3829; 1909 § 5037

If any witness so required to enter into a recognizance refuse
to comply with such order, the associate circuit judge may commit him or
her to prison until he or she comply with such order or be otherwise
discharged according to law. (RSMo 1939 § 3875)

Prior revisions: 1929 § 3485; 1919 § 3830; 1909 § 5038

1. Any person charged with a bailable offense, at his appearance
before an associate circuit judge or judge may be ordered released
pending trial, appeal, or other stage of the proceedings against him on
his personal recognizance, unless the associate circuit judge or judge
determines, in the exercise of his discretion, that such a release will
not reasonably assure the appearance of the person as required. When such
a determination is made, the associate circuit judge or judge may either
in lieu of or in addition to the above methods of release, impose any or
any combination of the following conditions of release which will
reasonably assure the appearance of the person for trial:

(1) Place the person in the custody of a designated person or
organization agreeing to supervise him;

(2) Place restriction on the travel, association, or place of abode of
the person during the period of release;

(3) Require the execution of a bail bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof;

(4) Require the person to report regularly to some officer of the court,
or peace officer, in such manner as the associate circuit judge or judge
directs;

(5) Require the execution of a bond in a given sum and the deposit in the
registry of the court of ten percent, or such lesser percent as the judge
directs, of the sum in cash or negotiable bonds of the United States or
of the state of Missouri or any political subdivision thereof;

(6) Impose any other condition deemed reasonably necessary to assure
appearance as required, including a condition requiring that the person
return to custody after specified hours.

2. In determining which conditions of release will reasonably assure
appearance, the associate circuit judge or judge shall, on the basis of
available information, take into account the nature and circumstances of
the offense charged, the weight of the evidence against the accused, the
accused's family ties, employment, financial resources, character and
mental condition, the length of his residence in the community, his
record of convictions, and his record of appearance at court proceedings
or flight to avoid prosecution or failure to appear at court proceedings.

3. An associate circuit judge or judge authorizing the release of a
person under this section shall issue an appropriate order containing a
statement of the conditions imposed, if any, shall inform such person of
the penalties applicable to violations of the conditions of his release
and shall advise him that a warrant for his arrest will be issued
immediately upon any such violation.

4. A person for whom conditions of release are imposed and who after
twenty-four hours from the time of the release hearing continues to be
detained as a result of his inability to meet the conditions of release,
shall, upon application, be entitled to have the condition reviewed by
the associate circuit judge or judge who imposed them. The motion shall
be determined promptly.

5. An associate circuit judge or judge ordering the release of a person
on any condition specified in this section may at any time amend his
order to impose additional or different conditions of release; except
that, if the imposition of such additional or different conditions
results in the detention of the person as a result of his inability to
meet such conditions or in the release of the person on a condition
requiring him to return to custody after specified hours, the provisions
of subsection 4 shall apply.

6. Information stated in, or offered in connection with, any order
entered pursuant to this section need not conform to the rules pertaining
to the admissibility of evidence in a court of law.

7. Nothing contained in this section shall be construed to prevent the
disposition of any case or class of cases by forfeiture of collateral
security where such disposition is authorized by the court.

8. Persons charged with violations of municipal ordinances may be
released by a municipal judge or other judge who hears and determines
municipal ordinance violation cases of the municipality involved under
the same conditions and in the same manner as provided in this section
for release by an associate circuit judge. (L. 1972 H.B. 1160, A.L. 1978
H.B. 1634)

Effective 1-2-79

(1976) Provisions as to issuance of an appropriate order containing a
statement of the conditions imposed and warning of consequences of
failure to appear do not apply to persons released under the provisions
of § 544.665. State v. Adams (A.), 532 S.W.2d 524.

Notwithstanding the provisions of section 20 of article I of the
Missouri Constitution to the contrary, upon a showing that the defendant
poses a danger to a crime victim, the community, or any other person, the
court may use such information in determining the appropriate amount of
bail, to increase the amount of bail, to deny bail entirely or impose any
special conditions which the defendant and surety shall guarantee. (L.
1993 S.B. 19 § 595.209 subsec. 2)

If the offense is not bailable, or if the person does not meet
the conditions for release, as provided in section 544.455, the prisoner
shall be committed to the jail of the county in which the same is to be
tried, there to remain until he be discharged by due course of law. (RSMo
1939 § 3877, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3487; 1919 § 3832; 1909 § 5040

Whenever any person shall be committed to jail on a warrant of
commitment by any associate circuit judge for an offense for which he may
be released as provided in section 544.455, the recognizance or other
condition for release may be taken by a circuit judge or an associate
circuit judge who has been specially assigned for such purpose, and in
case of the absence of any such judge from the county, such recognizance
or condition for release may be taken by any judge of the circuit court
except a municipal judge. (RSMo 1939 § 3885, A.L. 1945 p. 841, A.L. 1972
H.B. 1160, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3495; 1919 § 3840; 1909 § 5048

Effective 1-2-79

CROSS REFERENCE: In habeas corpus, prisoner may be let to bail, amount
fixed, RSMo 532.450, 532.480

Whenever any prisoner is released as provided in section 544.455
by any court, it shall be the duty of the clerk of the court by which the
prisoner was released immediately to transmit a record of the release
together with any conditions imposed to the clerk of the court in which
the party released is required to appear. (RSMo 1939 § 3886, A.L. 1972
H.B. 1160)

Prior revisions: 1929 § 3496; 1919 § 3841; 1909 § 5049

Whenever any prisoner shall be let to bail by any officer out of
court, such officer shall immediately cause the recognizance taken by him
to be filed with the clerk of the court in which the prisoner is
recognized to appear. (RSMo 1939 § 3887)

Prior revisions: 1929 § 3497; 1919 § 3842; 1909 § 5050

If in such case the accused shall be held to answer for the
offense, it shall be the duty of the associate circuit judge to make out
a certificate of the name, occupation and place of abode of the
prosecutor, and return the same, with the recognizance of such prisoner,
to the proper county. (RSMo 1939 § 3888)

Prior revisions: 1929 § 3498; 1919 § 3843; 1909 § 5051

When the defendant is in custody or under arrest for an offense
for which he may be released as provided in section 544.455, the court in
which the indictment or information is pending may release him and take
his bond or recognizance, or, if the court is not in session, the clerk
of the court may take his bond or recognizance. (RSMo 1939 § 3962, A.L.
1972 H.B. 1160)

Prior revisions: 1929 § 3573; 1919 § 3916; 1909 § 5123

If the defendant is not arrested or in custody during the term
at which an indictment for felony is returned, the court must fix the
conditions for release as provided in section 544.455 required of the
defendant, and the clerk must endorse the conditions on the warrant; but
if no order fixing the conditions for release has* been made, the sheriff
may present the warrant to the judge of the court, and such judge may
thereupon endorse the conditions for release required; or if the judge is
not in the county, the clerk may fix the conditions for release. (RSMo
1939 § 3963, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3574; 1919 § 3917; 1909 § 5124

*Word "have" appears in original rolls.

All recognizances taken in a court of record in term shall be
entered of record, and all recognizances required or authorized to be
taken in vacation in any criminal case, or proceeding of a criminal
nature, shall be in writing, and signed by the parties to be bound
thereby. (RSMo 1939 § 3964)

Prior revisions: 1929 § 3575; 1919 § 3918; 1909 § 5125

When any sheriff or other officer shall arrest a party by virtue
of a warrant upon an indictment, or shall have a person in custody under
a warrant of commitment on account of failing to find conditions for
release as provided in section 544.455, and the conditions for release
required are specified on the warrant, or if the case is a misdemeanor,
such officer may set the conditions for release, and discharge the person
so held from actual custody. (RSMo 1939 § 3965, A.L. 1957 p. 379, A.L.
1972 H.B. 1160)

Prior revisions: 1929 § 3576; 1919 § 3919; 1909 § 5126

Every recognizance or other conditions for release as provided
in section 544.455 taken by any sheriff or other officer must be
certified and returned by him forthwith to the clerk of the court to
which the defendant is recognized, and by such clerk carefully filed and
preserved for the action of the court thereon. (RSMo 1939 § 3968, A.L.
1972 H.B. 1160)

Prior revisions: 1929 § 3579; 1919 § 3922; 1909 § 5129

No proceeding upon a recognizance shall be defeated, nor shall
judgment thereon be prevented or arrested, on account of any defect of
form, omission of recital, condition of undertaking therein, neglect of
an associate circuit judge or clerk to note or record the default of any
principal or surety at the time when such default shall happen, or of any
other irregularity if it be made to appear from the whole record or
proceeding that the defendant was legally in custody, charged with a
criminal offense, that he was discharged therefrom by reason of the
giving of the recognizance, and that it can be ascertained from the
recognizance that the sureties undertook that the defendant should appear
before a court at the time specified. (L. 1978 H.B. 1634)

Effective 1-2-79

Sureties in recognizances or bail bonds in criminal cases and
proceedings shall be residents of this state, and shall be worth, over
and above the amount exempt from execution, and the amount of their debts
and liabilities, the sum which is required; and the person or persons
offered as sureties may be examined on oath in regard to their
qualifications as sureties, and other proof may be taken in regard to the
sufficiency of the same. The officer authorized to set conditions of
release is authorized to administer all necessary oaths in that behalf.
(RSMo 1939 § 3966, A.L. 1972 H.B. 1160)

Prior revisions: 1929 § 3577; 1919 § 3920; 1909 § 5127

Where more than one person is offered as sureties, they shall be
deemed sufficient, if in the aggregate they possess the necessary
qualifications. But no recognizance shall be taken unless the court or
officer authorized to take the same shall be satisfied, from proof and
examination on oath or otherwise, of the sufficiency of the sureties
according to the requirements of this and the preceding sections. (RSMo
1939 § 3967)

Prior revisions: 1929 § 3578; 1919 § 3921; 1909 § 5128

When a bail desires to surrender his principal, he may procure a
copy of the recognizance from the clerk, by virtue of which the bail, or
any person authorized by him, may take the principal in any county within
this state. (RSMo 1939 § 3969)

Prior revisions: 1929 § 3580; 1919 § 3923; 1909 § 5130

The bailor at any time before final judgment against him upon a
forfeited recognizance, may surrender his principal in open court or to
the sheriff; and upon the payment of all costs occasioned by the
forfeiture, and all costs that may accrue at the term to which the
prisoner was recognized to appear, may thereupon be discharged from any
further liability upon the recognizance. (RSMo 1939 § 3970)

Prior revisions: 1929 § 3581; 1919 § 3924; 1909 § 5131

The bailor must deliver a certified copy of the recognizance to
the sheriff with the principal, and the sheriff must accept the surrender
of the principal, and acknowledge such acceptance in writing. (RSMo 1939
§ 3971)

Prior revisions: 1929 § 3582; 1919 § 3925; 1909 § 5132

Any defendant so surrendered may give other bail, or remain in
custody until discharged by the due course of law. (RSMo 1939 § 3972)

Prior revisions: 1929 § 3583; 1919 § 3926; 1909 § 5133

If, without sufficient cause or excuse, the defendant fails to
appear for trial or judgment, or upon any other occasion when his
presence in court may be lawfully required, according to the condition of
his recognizance, the court must direct the fact to be entered upon its
minutes, and thereupon the recognizance is forfeited, and the same shall
be proceeded upon by scire facias to final judgment and execution
thereon, although the defendant may be afterward arrested on the original
charge, unless remitted by the court for cause shown. (RSMo 1939 § 3973)

Prior revisions: 1929 § 3584; 1919 § 3927; 1909 § 5134

(1954) Words "unless remitted by the court for cause shown" relate to the
whole of § 544.640 and trial court, while the matter is pending before
it, may for cause remit the penalty before final judgment but such
remission must be based on proof of extraordinary and unusual
circumstances. State v. Salisbury, 364 Mo. 1039, 271 S.W.2d 522.

(1961) Where defendant failed to appear on misdemeanor charge at time
fixed in his bond, the bond could be forfeited, notwithstanding his
attorney appeared and the information in the case was dismissed as being
insufficient. State v. Norton (Mo.), 347 S.W.2d 849.

(1973) Incarceration of defendant in another state is not circumstance
which will discharge his surety as a matter of law. State v. Jones (Mo.),
491 S.W.2d 241.

(1974) Only grounds for discharge of a surety on a bail bond are failure
to appear because of (1) an act of God, (2) an act of law, (3) an act of
an obligee. State owes no duty to have party returned under agreement on
detainers in order to avoid forfeiture of bond. State v. Patterson (A.),
508 S.W.2d 304.

(1974) Held that release of surety on bond is mandatory where defendant
is produced in open court after forfeiture of bond but before a judgment
on the forfeiture. Proper venue for action on the bond is in court of
county where action commenced, not in county to which action was
transferred on change of venue. State v. Street (A.), 510 S.W.2d 225.

(1974) Held that court is not required to have either accused or his
bondsman called prior to forfeiture of bail. State v. Henderson (A.), 512
S.W.2d 218.

(1980) After the police had obtained custody of defendant and a bail bond
forfeiture proceeding is subsequently held, the court is not required to
release surety from liability. State v. Armstrong (A.), 605 S.W.2d 526.

Whenever any bail bond or recognizance has been given or entered
into in any criminal proceedings, conditioned for the appearance of any
person charged with, indicted for or convicted of any criminal offense,
or for any other purpose, and the conditions thereof shall become broken
or the same shall be forfeited, it shall be lawful and sufficient to
serve the writ of scire facias or other writ or process which may be
issued in such proceeding, either by delivering a duly certified copy of
such writ or process to the person therein named, or by leaving such duly
certified copy of such writ or process at the usual place of abode of the
person therein named, with a member of his family over the age of fifteen
years. (RSMo 1939 § 3974)

Prior revisions: 1929 § 3585; 1919 § 3928; 1909 § 5135

Whenever two successive writs of scire facias shall have been
issued upon any forfeited recognizance or bail bond, and return shall be
made on each of said writs by the sheriff or marshal that any of the
parties therein cannot be found, such two returns shall be deemed a
sufficient service upon the person as to whom such returns were made.
(RSMo 1939 § 3975)

Prior revisions: 1929 § 3586; 1919 § 3929; 1909 § 5136

1. In addition to the forfeiture of any security which was given
or pledged for a person's release, any person who, having been released
pursuant to sections 544.040 to 544.665, or upon a recognizance or bond
pursuant to any other provisions of law, willfully fails to appear before
any court or judicial officer as required shall be guilty of an offense
and punished as follows:

(1) If arrested for or charged with a felony, by a fine of not more than
five thousand dollars or imprisoned for not more than five years;

(2) If arrested for or charged with a misdemeanor, by a fine of not more
than one thousand dollars or confinement in the county jail for not more
than one year;

(3) If arrested for or charged with an infraction, by a fine of not more
than five hundred dollars;

(4) If arrested for the violation of a municipal ordinance, by a fine not
to exceed five hundred dollars; provided that the sentence imposed shall
not exceed the maximum fine or maximum period of imprisonment which could
be imposed for the offense for which the accused was arrested.

2. Nothing in sections 544.040 to 544.665 shall prevent the exercise by
any court of its power to punish for contempt. (L. 1972 H.B. 1160, A.L.
1996 H.B. 1047)

Notwithstanding any supreme court rule or judicial ruling to the
contrary, no defendant under a sentence of death or imprisonment in the
penitentiary for life, or a sentence of imprisonment for a violation of
section 195.222, 565.021, or 565.050, RSMo, or subsection 1 of section
566.030, RSMo, shall be entitled to bail pending appeal after June 29,
1994. Pursuant to the prerogative of the general assembly to declare the
public policy of this state in matters regarding criminal liability of
persons and to enact laws relating to judicial procedure, the general
assembly declares that subsequent to June 29, 1994, no person shall be
entitled to bail or continuation of bail pursuant to section 547.170,
RSMo, if that person is under a sentence of death or imprisonment in the
penitentiary for life, or a sentence of imprisonment for a violation of
section 195.222, 565.021, or 565.050, RSMo, or subsection 1 of section
566.030, RSMo. (L. 1994 S.B. 763 § 2)

Effective 6-29-94

1. Upon a showing by the state that a defendant poses a danger
to a crime victim, witness, or the community, the court may deny bail to
a defendant or impose such conditions as it deems appropriate to protect
a crime victim, witness or the community.

2. In determining whether a defendant poses a danger to a crime victim,
witness, or the community, the court may consider all relevant evidence,
including but not limited to:

(1) The defendant's criminal record;

(2) Whether the defendant was on probation or released on bail at the
time the crime for which the court is considering bail was committed;

(3) The nature and circumstances of the crime for which bail is being
sought.

3. A defendant who is denied bail because he poses a danger to a crime
victim, witness, or the community shall, upon written request filed at
arraignment, be entitled to a trial which begins within one hundred
twenty days of his arraignment or within one hundred twenty days of an
order granting a change of venue, whichever occurs later. The provisions
of this subsection shall be waived and of no effect if the defendant
requests and receives a continuance or if bail is set for the defendant.
(L. 1994 S.B. 554 § 595.209 subsecs. 4, 5, 6)

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