PEACE OFFICER

RSMo §590.010

A law enforcement officer of the state or any political subdivision of the state with the power of arrest for a violation of the criminal code or declared or deemed to be a peace officer by state statute, RSMo §590.020

The scope of authority for law enforcement is being provided as a convenience and for informational purposes only.  It is the responsibility of the viewer to cross reference the information in order to obtain the most current revision.  The information provided is a general scope of authority for the given law enforcement entities and not all law enforcement in the State of Missouri.  The Howell County Sheriff's Office is not responsible for any changes or updates on the following information.

CITY POLICE

Chapter §85 Revised Statutes of Missouri

RSMo §85.610. Marshal — powers.

1. The marshal in cities of the fourth class shall be chief of police, and shall have power at all times to make or order an arrest, with proper process, for any offense against the laws of the city or of the state, and to keep the offender in the city prison or other proper place to prevent his escape until a trial can be had before the proper officer, unless such offender shall give a good and sufficient bond for his appearance for trial.  The marshal shall also have power to make arrests without process, in all cases in which any offenses against the laws of the city or of the state shall be committed in his presence.

RSMo §85.620. Size of police force — powers.

1. The police of the city may be appointed in such numbers, for such times and in such manner as may be prescribed by ordinance.  They shall have power to serve and execute all warrants, subpoenas, writs or other process, and to make arrests in the same manner as the marshal.  They may exercise such powers in areas leased or owned by the municipality outside of the boundaries of such municipality.  The marshal and policemen shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the city.

COUNTY SHERIFF

Chapter §57 Revised Statutes of Missouri

RSMo §57.095.  Service of process, immunity from liability for sheriffs and law enforcement officers, when.

1. Notwithstanding the provisions of section §537.600 to the contrary, sheriffs or any other law enforcement officers shall have immunity from any liability, civil or criminal, while conducting service of process at the direction of any court to the extent that the officers' actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

RSMo §57.100. Duties generally — concealed carry permits, duties.

1. Every sheriff shall quell and suppress assaults and batteries, riots, routs, affrays and insurrections; shall apprehend and commit to jail all felons and traitors, and execute all process directed to him by legal authority, including writs of replevin, attachments and final process issued by circuit and associate circuit judges.  Beginning January 1, 2014, every sheriff shall maintain, house, and issue concealed carry permits as specified under chapter §571.

RSMo §57.101. Ordinances, city, town and villages, enforcement, requirements.

1. A county sheriff and his deputies, when authorized by written agreement entered into by the sheriff and a city, town or village within the county and approved by the governing body of the county, shall have the same power and authority to enforce the ordinances of the city, town or village, and in the same manner, as have the police of the city, town or village.

RSMo §57.109. May contract for services on federal water resources lands, limitation.

1. Every sheriff shall have the power to contract with the Secretary of the Army of the United States, acting through the Corps of Engineers, for the purpose of providing increased law enforcement services at or near water resources development projects, active or inactive, under the jurisdiction of the Secretary of the Army which are located within the county of the contracting sheriff.  No such contracts shall be for a period of more than two years.

RSMo §57.110. Duties as conservators of the peace — return of recognizance.

1. Every sheriff is a conservator of the peace within his county, and shall cause all offenders against law, in his view, to enter into recognizance, with security, to keep the peace and to appear at the next term of the circuit court of the county, and to be committed to jail in case of failure to give the recognizance.  The sheriff shall certify the recognizance to the clerk of the circuit court.

RSMo §57.115. Sheriff may patrol roads and highways (third and fourth class counties).

1. Sheriffs in counties of the third and fourth class may:

• Regularly patrol and police all public roads and highways within the county;

• Enforce all laws designed to safeguard and protect these roads and highways;

• Report all dangerous conditions on these roads and highways to the county commission or other road or highway supervising body.

RSMo §57.270. Powers of deputies.

1. Every deputy sheriff shall possess all the powers and may perform any of the duties prescribed by law to be performed by the sheriff.

STATE HIGHWAY PATROL

Chapter §43 Revised Statutes of Missouri

RSMo §43.025. Primary purpose of highway patrol.

1. The primary purpose of the highway patrol is to enforce the traffic laws and promote safety upon the highways.  As near as practicable all personnel of the patrol shall be used for carrying out these purposes.

2. As near as practicable, all personnel of the patrol shall be utilized in carrying out the provisions of sections §43.350 to §43.380.

RSMo §43.160. Duties of the patrol on highways.

1. It shall be the duty of the patrol to police the highways constructed and maintained by the commission; to regulate the movement of traffic thereon; to enforce thereon the laws of this state relating to the operation and use of vehicles on the highways; to enforce and prevent thereon the violation of the laws relating to the size, weight and speed of commercial motor vehicles and all laws designed to protect and safeguard the highways constructed and maintained by the commission.  It shall be the duty of the patrol whenever possible to determine persons causing or responsible for the breaking, damaging or destruction of any improved hard surfaced roadway, structure, sign markers, guard rail, or any other appurtenance constructed or maintained by the commission and to arrest persons criminally responsible therefore and to bring them before the proper officials for prosecution.  It shall be the duty of the patrol to cooperate with such state official as may be designated by law in the collection of all state revenue derived from highway users as an incident to their use or right to use the highways of the state, including all license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution, sale or use thereof (except the sales tax on motor vehicles and trailers, and all property taxes).

RSMo §43.180. Powers of patrol members — investigation of crime, how paid for.

1. The members of the state highway patrol, with the exception of the director of radio and radio personnel, shall have full power and authority as now or hereafter vested by law in peace officers when working with and at the special request of the sheriff of any county, or the chief of police of any city, or under the direction of the superintendent of the state highway patrol, or in the arrest of anyone violating any law in their presence or in the apprehension and arrest of any fugitive from justice on any felony violation.  The members of the state highway patrol shall have full power and authority to make investigations connected with any crime of any nature.  The expense for the patrol's operation under this section shall be paid monthly by the state treasurer chargeable to the general revenue fund.

RSMo §43.190. Authority to arrest, pursue violators.

1. The members of the patrol, with the exception of the director of radio and radio personnel, are hereby declared to be officers of the state of Missouri and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of this state.  The members of the patrol shall have the powers now or hereafter vested by law in peace officers except the serving or execution of civil process.  The members of the patrol shall have authority to arrest without writ, rule, order or process any person detected by him in the act of violating any law of this state.  When a member of the patrol is in pursuit of a violator or suspected violator and is unable to arrest such violator or suspected violator within the limits of the district or territory over which the jurisdiction of such member of the patrol extends, he shall be and is hereby authorized to continue in pursuit of such violator or suspected violator into whatever part of this state may be reasonably necessary to effect the apprehension and arrest of the same and to arrest such violator or suspected violator wherever he may be overtaken.

RSMo §43.195. Authority to arrest upon reasonable grounds for motor vehicle violations.

1. Any member of the Missouri state highway patrol may arrest on view, and without a warrant, any person he sees violating or who he has reasonable grounds to believe has violated any law of this state relating to the operation of motor vehicles.

RSMo §43.200. Search and seizure powers of highway patrol — authority to serve warrants, participation of sheriff — instruction of officers.

1. The members of the patrol shall have the right and power of search and seizure to take from any person under arrest or about to be arrested deadly or dangerous weapons in the possession of such person, and to search and seize on a public highway of this state, or off the public highways of this state as an incident to an arrest made following a hot pursuit from a public highway.

2. The superintendent of the highway patrol shall see that every member of the highway patrol is thoroughly instructed in the powers of police officers to arrest for misdemeanors and felonies and to search and seize in order that no person or citizen traveling in this state shall be hindered, stopped, or arrested or his person or property searched or seized without constitutional grounds existing therefore.

3. When ordered to any county or municipality in this state by the governor because of civil disorder, members of the patrol during that time may exercise all powers of search and seizure in the same manner and to the same extent as any sheriff in this state.

4. The members of the highway patrol may request that the prosecuting or circuit attorney apply for, and members of the highway patrol may serve, search warrants anywhere within the state of Missouri, provided the sheriff of the county in which the warrant is to be served, or his designee, shall be notified upon application by the applicant of the search warrant except for offenses pertaining to driving while intoxicated.

5. The sheriff or his or her designee shall participate in serving the search warrant except for offenses pertaining to driving while intoxicated and the investigation of motor vehicle traffic accidents.  Any designee of the sheriff shall be a deputy sheriff or other person certified as a peace officer under chapter §590.  The sheriff shall always have a designee available.

RSMo §43.220. No authority to exceed duties authorized in this chapter.

1. Neither the governor nor the superintendent shall have any power, right or authority to command, order or direct any member of the patrol to perform any duty or service not authorized under state statute.

RSMo §43.380. Investigations, powers, procedure.

1. The director of the division of drug and crime control shall initiate the investigation of any suspected crime or criminal activity within this state at the request of the attorney general, when the attorney general has authority to initiate legal action with respect to the matter to be investigated, or at the request of any chief of police, prosecuting attorney, sheriff or the superintendent of the Missouri state highway patrol.

2. If the attorney general or the superintendent of the highway patrol request the director of the division of drug and crime control to undertake any investigation under this section other than a drug-related investigation, the director shall notify as soon as practical the chief of police, prosecuting attorney, or sheriff having jurisdiction in the area in which the pending investigation will be conducted of such pending investigation unless such official is a subject in the investigation or is implicated or allegedly involved in the investigation.

RSMo §43.390. Division created — director appointment — powers of officers — salaries, expenses and compensation.

1. Notwithstanding the provisions of subsection 1 of section §43.025, there is hereby created within the Missouri state highway patrol a "Division of Water Patrol".

2. All salaries, expenses, and other costs relating to the assignment of Missouri state highway patrol members to the division of water patrol shall be paid within the limits of appropriations from general revenue, the Missouri state water patrol* fund established in section §306.185, or from such other funding as may be authorized by the general assembly.

3. All officers assigned to the division of water patrol shall be vested with the powers prescribed in sections §306.165, §306.167, and §306.168.

4. The superintendent of the Missouri state highway patrol may assign highway patrol members under the superintendent's command to serve in the division of water patrol on a permanent or temporary basis.

5. The superintendent of the Missouri state highway patrol shall appoint a director of the division of water patrol who shall be responsible for the operation of the division.

STATE CONSERVATION AGENT

Chapter §252 Revised Statutes of Missouri

RSMo §252.080. Arrest by commission agents for violations of conservation rules, powers.

1. Every authorized agent of the commission shall have the same power to serve criminal process as sheriffs and marshals, only in such cases as are violations of this law and rules and regulations of the commission, and have the same right as sheriffs and marshals to require aid in the execution of such process.  Any such agent may arrest, without warrant, any person caught by him or in his view violating or who he has good reason to believe is violating, or has violated this law or any such rules and regulations, and take such person forthwith before a associate circuit judge or any court having jurisdiction, who shall proceed without delay to hear, try and determine the matter as in other criminal cases.

RSMo §252.090. Right of inspection by commission agents — penalty.

1. It is hereby made the duty of every warehouse, merchant, or common carrier, or agent, servant or employee thereof, to permit any agent of the commission to examine any package in the possession of said warehouse or common carrier, or agent, servant or employee thereof, which the said commission agent shall suspect or have reason to believe contains any wildlife not lawfully transported or had in possession, or when any such agent of the commission shall suspect or have reason to believe that the said package is falsely labeled.

RSMo §252.100. Complaints — search warrants — penalty for resisting.

1. Any authorized agent of the commission, sheriff, marshal or their deputies, may make complaint and cause proceedings to be commenced against any person for the violation of this law or of any such rules and regulation and such officer shall not be obligated to furnish security for costs.

2. He may search, without warrant, any creel, container, gamebag, hunting coat, or boat in which he has reason to believe wildlife is unlawfully possessed or concealed; and at any and all times may seize any wildlife in the possession or control of any person violating or who there is good reason to believe has violated this law or any of the rules or regulations of the commission; provided, however, that he shall first obtain a search warrant to enter and search an occupied dwelling and outbuildings immediately adjacent thereto, cold storage locker plant, motor vehicle, or sealed freight or express car for such purposes and then only in the daytime, and in the search of a cold storage locker plant every precaution shall be exercised to prevent contamination of foods stored therein.  Any circuit judge, or associate circuit judge having jurisdiction, shall issue to such agent, sheriff, or marshal, a search warrant upon his complaint being made on oath in writing that the affiant has reasonable and probable cause to believe that wildlife is possessed or concealed in such occupied dwellings and outbuildings immediately adjacent thereto, cold storage locker plant, motor vehicle, or sealed freight or express car contrary to this law or to any such rules and regulations.

3. Any person who shall resist such search or interfere with such agent or officer in the execution of a search warrant shall be deemed guilty of a misdemeanor.

4. Any person who shall refuse any such commission agent or any officer charged with the enforcement of this law and such rules and regulations permission to examine or open any such package or shall impede such action by any such commission agent or officer shall be deemed guilty of a misdemeanor and shall be fined not less than fifty dollars nor more than one hundred and fifty dollars.  Neither the commission nor any such agent or officer shall be liable for damages on account of any search, examination or seizure made in accordance with the provisions of sections §252.010 to §252.240.

STATE PARK RANGER

Chapter §253 Revised Statutes of Missouri

RSMo §253.065.  Park rangers, appointment, powers as peace officers.

1. Each park ranger employed by the director of the department of natural resources and such other employees as may be designated by the director shall be certified by the director of the department of public safety, as provided in chapter §590.  Each such person shall take and subscribe an oath of office to perform his duties faithfully and impartially and shall be given a certificate of commission as a peace officer for state parks.  The commission shall grant him the same powers as other peace officers to maintain order, preserve the peace and make arrests for violations of law on all land under the jurisdiction and control of the director and on all state and county highways within the boundaries of state parks.

2. Each park ranger shall have the authority to have abandoned vehicles or watercraft removed from state and county roads within state parks and from all land and water owned, leased or under the supervision of the department of natural resources, if the vehicle has been left unattended on the land or in the water, on the roadway or right-of-way for a period of forty-eight hours.  If the vehicle is creating a safety or health hazard, it may be removed as soon as is practical.  The procedure contained in section §304.155 shall be observed for reporting the storage location, notification of the owner and disposal of the vehicle or watercraft.