542.271. Warrant may issue to search and seize, certain persons and items, or to copy, photograph or record. — 1. A warrant may be issued to search for and seize, or photograph, copy or record any of the following:
(1) Property, article, material, or substance that constitutes evidence of the commission of a criminal offense; or
(2) Property which has been stolen or acquired in any other manner declared an offense by chapters 569 and 570; or
(3) Property owned by any person furnishing public communications services to the general public subject to the regulations of the public service commission if such person has failed to remove the property within a reasonable time after receipt of a written notice from a peace officer stating that such property is being used as an instrumentality in the commission of an offense; or
(4) Property for which possession is an offense under the law of this state; or
(5) Property for which seizure is authorized or directed by any statute of this state; or
(6) Property which has been used by the owner or used with his acquiescence or consent as a raw material or as an instrument to manufacture or produce any thing for which possession is an offense under the laws of this state.
2. A warrant may be issued to search for and rescue a kidnapped person.
3. A warrant may be issued to search for any person for whom a valid felony arrest warrant is outstanding.
4. A warrant may be issued to search for and seize any deceased human fetus or corpse, or part thereof.
5. The provisions of sections 542.261 to 542.296 and section 542.301 shall prevail over any rules and regulations promulgated by any state governmental agency, commission or board, to the contrary notwithstanding.
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1977–2023 · leading case:
State v. Sweeney, 701 S.W.2d 420 (Mo. 1985).
State v. Sweeney, 701 S.W.2d 420 (Mo. 1985).
· cites it 18× “Section 542.271, RSMo Cum.Supp.1984. The sequence of events leading to the issuance of the warrant and the ensuing search was as follows: About ten days prior to the offense appellant asked the detective posing as a dealer in stolen goods to obtain a Rolex Presidential watch.”
State v. Douglass, 544 S.W.3d 182 (Mo. 2018).
· cites it 17× “nce that constitutes evidence of the commission of a crime; • Property that has been stolen or acquired in any manner declared an offense; • Property for which possession is an offense under the laws of this state; • Any person for whom a valid felony arrest warrant is…”
State v. Smith, 134 S.W.3d 35 (Mo. Ct. App. 2004).
· cites it 5× “It is generally recognized that a court may issue a search warrant pursuant to Section 542.271 RSMo (2000) for withdrawal of blood samples to determine the existence of alcohol in the blood, and the results are admissible.”
State v. Ambrosio, 632 S.W.2d 262 (Mo. Ct. App. 1982).
· cites it 7× “Appellant argues first that the search warrant by authority of which the marijuana was seized, failed to comply with § 542.271, RSMo 1978, 1 the statute listing the authorized subjects of a search warrant, and was therefore invalid.”
State v. Clark, 592 S.W.2d 709 (Mo. 1979).
· cites it 4× “I Defendant's first point relates to the denial of his motion to quash the search warrant and to suppress the use of the desk calendar seized in the search of his home.”
State v. Strickland, 609 S.W.2d 392 (Mo. 1980).
· cites it 2× “He further argues that the shotgun shells could not be seized pursuant to a warrant in any event because § 542.271, RSMo 1978, describes with specificity the items that may be seized and unexpended shotgun shells are not among them.”
Frech v. City of Columbia, 693 S.W.2d 813 (Mo. 1985).
· cites it 3× “Additionally, plaintiffs argue that § 542.271(l)-(5), RSMo Supp.1983, delineates with particularity the reasons for which a search warrant may issue; and that § 542.”
State v. Clark, 552 S.W.2d 256 (Mo. Ct. App. 1977).
· cites it 2× “Appellant relies upon § 542.271, RSMo Cum.Supp.1975, which enumerates items which may be seized pursuant to warrant and excepts “private papers or business records.”
State v. Gordon, 851 S.W.2d 607 (Mo. Ct. App. 1993).
· cites it 3× “Any peace officer or prosecuting attorney may make application under section 542.271[ 4 ] for the issuance of a search warrant.”
State v. Peterson, 583 S.W.2d 277 (Mo. Ct. App. 1979).
“Defendant first challenges the validity of the warrant issued for the search of the Hamon residence on the grounds that the application for the warrant failed to comply with Sections 542.271 and 542.276 RSMo 1969 and that neither the reliability of the undisclosed informant nor…”
State v. Trice, 747 S.W.2d 243 (Mo. Ct. App. 1988).
“He argues that § 542.271, which authorizes the state to issue search warrants, makes no provision for withdrawal of bodily fluids.”
Mo. Rev. Stat. § 542.271(l): 1 case
Frech v. City of Columbia, 693 S.W.2d 813 (Mo. 1985).
“Additionally, plaintiffs argue that § 542.271(l)-(5), RSMo Supp.1983, delineates with particularity the reasons for which a search warrant may issue; and that § 542.”
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