Missouri Search Warrant Laws and Procedure

The Section 542.276 of Missouri State statute provides information about who can apply for a search warrant, what should be the contents of the application of a search warrant, affidavits required, where they can be filed, contents of the warrants and when a warrant can be deemed to be invalid.

According to Missouri State laws, a prosecutor or any peace officer of the state can make an application to issue a search warrant under section 542.271. The requisites of such an application are: 

•    The application for the issuance of a search warrant in Missouri should be in writing, it should mention the date and time of making such an application.
•    The application needs to identify the material, articles, property, substance or an individual that needs to be searched for or taken into custody and provide adequate information and evidence to this effect so that the officer who is executing the search warrant should be able to easily identify and ascertain it.
•    The application should be able to identify the place and person that requires to be searched in enough details so that the officer who executes that search warrant can easily identify and establish what or whom he or she is required to search for.
•    The application should provide sufficient facts to show credible reason for issuing a search warrant.
•    The application for the search warrant needs to be confirmed by the avowal of the applicant and then filed in the correct court
•    The application for a search warrant needs to be signed either by a prosecuting attorney (or by an assistant of the prosecuting attorney who is chosen by him or her) of a particular county where the search would be done.

The application for the issuance of a search warrant may require to be supported by a written affidavit that is verified by a confirmation by the applicant. The affidavit will help to determine if there is a reasonable cause for issuing a search warrant. It shall assist to fill our any gap left behind while describing the place, person or thing which needs to be searched for or also make up for any lack in the description of the article, substance, material or property that needs to be seized.

The application for the issuance of a search warrant can be put forward through a facsimile or other electronic means. Oral testimony is not accepted.

When the application for a search warrant is received by a judge, he will decide if the application provides credible facts to issue a warrant. If the supporting details and descriptions of the person, object, substance, property, material, article and the place mentioned in the application can provide sufficient reasons for a probable cause for a search or seizure of these items, then the judge will issue a search warrant without any delay.

The search warrant issued by the judge is in the form an original and two copies. The court which is responsible for issuing the search warrant shall retain the application, any supporting affidavits along with a copy of the search warrant in its records.

Contents of the Search Warrant

The search warrant is in the name of the Missouri state and it is in writing. It is usually directed to a peace officer of the state and mentions the date and time when the warrant was issued. The search warrant describes in detail the individual, property, substance, article, and material that needs to be searched or taken into custody.

Search Procedure

A search warrant is signed by a judge and instructs the executing officer to search or seize anything that is found in the place, or the properties mentioned in the warrant, or search an individual and even take him into custody if the situation calls for it. The officer needs to either photograph, or seize the items; things or persons described in the search warrant and file the photographs of the items found in the property or with the person within 10 days of filing of the application for a search warrant, to the court in which the warrant was issued.

The search warrant needs to be executed within 10 days of the acceptance of the application otherwise it shall expire. The officer responsible to execute a search warrant, can conduct a search on a place or an individual, or seize any article, substance or material at anytime. If there is sufficient reason, he may conduct another search and seizure operation.  

After the search warrant has been executed, the details of the search and seizure of any property, material, article, and substance, along with the signature of the executing officer has to be sent to the judge who had sanctioned the warrant. The executing officer has to file a report stating the procedure of the search and the date when the search was conducted. The report has to furnish details about what was searched or seized and state the name of the owner if it is not the concerned person who is listed. Along with these details, the officer has to also provide an itemized list of what was searched and seized.

The judge or the clerk of the court will have to deliver a copy of this receipt to the owner of the property whose premises and possessions were searched, and also to the applicant who had applied for such a warrant.

For more information on Missouri search warrants, you can visit http://www.moga.mo.gov/statutes/C500-599/5420000276.HTM