Missouri Revised Statutes

Mo. Rev. Stat. § 542.261 (2026)

Peace officer defined

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  542.261.  Peace officer defined. — As used in sections 542.261 to 542.296 and section 542.301, the term "peace officer" means a police officer or* member of the highway patrol to the extent otherwise permitted by law to conduct searches, sheriff or deputy sheriff.

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(L. 1974 S.B. 366 § 1, A.L. 2004 S.B. 920, A.L. 2010 H.B. 1868)

*Word "or" does not appear in original rolls.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1990–2023 · leading case: State v. Davis, 679 N.W.2d 651 (Iowa 2004).
State v. Davis, 679 N.W.2d 651 (Iowa 2004). “” Mo.Rev.Stat. § 542.261. Finally, a written application for a search warrant that is not verified is invalid.”
State v. Jordan, 978 S.W.2d 36 (Mo. Ct. App. 1998). · cites it 2× “He argued that the evidence was obtained in violation of his rights under Article I, sections 10, 15, 18(a) of the Missouri Constitution, the Fourth, Fifth, Sixth and Fourteenth Amendments of the United States Constitution, and section 542.261 et seq. RSMo 1994. The day of…”
Heartland Academy Cmty. Church v. Waddle, 317 F. Supp. 2d 984 (E.D. Mo. 2004). “The provisions of sections 542.261 to 542.296 and section 542.”
State v. McIntosh, 159 S.W.3d 505 (Mo. Ct. App. 2005). · cites it 2× “He contended that the traffic stop and subsequent investigation by the arresting officer “violated [his] rights under the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, Article I, Sections 10, 15 and 18(a) of the Missouri Constitution and…”
State v. Roberts, 957 S.W.2d 449 (Mo. Ct. App. 1997). “1, § 15 of the Missouri Constitution, and § 542.261. In his motion, Roberts asked the trial court to suppress the items seized in the search, the garden hose, carpet strip, marijuana plant, boxer shorts, splatters, and the body of the dog.”
State v. Brown, 792 S.W.2d 3 (Mo. Ct. App. 1990). · cites it 2× “Brown contends that the items seized from her residence and admitted as evidence at trial were seized improperly in violation of the Fourth and Fourteenth Amendments to the Constitution of the United States and in violation of Article I, § 15 of the Missouri Constitution and §…”
State of Missouri v. Melvin J. Scherrer, 673 S.W.3d 899 (Mo. Ct. App. 2023). · cites it 6× “” Section 542.261. Missouri law also states that an “officer may summon as many persons as he deems necessary to assist him in executing the warrant .”
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