☰ Revisor of Missouri

Title XXXVII CRIMINAL PROCEDURE

Chapter 542

< > Effective - 28 Aug 1989 bottom

  542.291.  Search, when conducted — receipt for property taken. — 1.  The search shall be conducted in a reasonable manner.  The search may be made at night if making it during the daytime is not practicable.

  2.  An officer making a search pursuant to an invalid warrant, the invalidity of which is not apparent on its face, may use such force as he would be justified in using if the warrant were valid.

  3.  The officer may summon as many persons as he deems necessary to assist him in executing the warrant.  Such persons shall not be held liable as a result of the illegality of the search and seizure.

  4.  If any property is seized, the officer shall give to the person from whose possession it is taken, if he is present, a copy of the warrant and an itemized receipt of the property taken.  If no person is present, the officer shall leave the copy and the receipt at the site of the search.

  5.  A copy of the itemized receipt of any property taken shall be delivered to the office of the prosecuting attorney in the county where the property was taken within two working days of the search.

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(L. 1974 S.B. 366 § 7, A.L. 1989 S.B. 215 & 58)


---- end of effective  28 Aug 1989 ----

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