544.020. Issuance of warrant upon complaint. — Whenever complaint shall be made, in writing and upon oath, to any associate circuit judge setting forth that a felony has been committed, and the name of the person accused thereof, it shall be the duty of such associate circuit judge to issue a warrant reciting the accusation, and commanding the officer to whom it shall be directed forthwith to take the accused and bring him before such associate circuit judge, to be dealt with according to law. The complaint may be made and the warrant may be issued via facsimile or other electronic means.
Notes of Decisions
Cited in
8
cases, 1957–2018 · leading case:
State v. Ajak, 543 S.W.3d 43 (Mo. 2018).
State v. Ajak, 543 S.W.3d 43 (Mo. 2018).
· cites it 2× “See § 544.020, RSMo 2000 (issuance of warrant upon complaint); § 544.”
State v. Bolin, 643 S.W.2d 806 (Mo. 1983).
· cites it 2× “See §§ 544.020, .170. The case was assigned No.”
State v. Black, 587 S.W.2d 865 (Mo. Ct. App. 1979).
· cites it 2× “The principal and, perhaps, single function of a complaint is to serve as the basis for an application for an arrest warrant, § 544.020 RSMo; Rule 21.08. Being merely an application, which can be refused for constitutional or statutory non-compliance, the complaint itself places…”
State v. Woodward, 587 S.W.2d 287 (Mo. Ct. App. 1979).
· cites it 2× “He claims the trooper did not know sufficient facts to authorize a warrant for defendant’s arrest and that § 544.020, RSMo 1969, under which the warrant was issued, was unconstitutional.”
State v. Eaton, 504 S.W.2d 12 (Mo. 1973).
· cites it 2× “, and § 544.020, RSMo 1969, V.A.M.S. This assertion is without foundation.”
State v. Herron, 376 S.W.2d 192 (Mo. 1964).
“Defendant’s contention that the complaint filed against him was void and did not lawfully warrant his arrest is predicated upon the fact that it was signed by the prosecuting attorney, who, defendant alleges, was not a lawful “complaining witness” within the meaning of § 544.”
State v. Ninemires, 306 S.W.2d 527 (Mo. 1957).
“Appellant cites § 544.020 and Rule 21.08 providing that the magistrate shall issue a warrant “reciting the accusation.”
State v. Potter, 657 S.W.2d 694 (Mo. Ct. App. 1983).
“1 Appellant’s objection to the amendment, made to the trial court and carried forward in his brief here is, that he had had no preliminary hearing on the charge of capital murder; that the original information had omitted those words, charging defendant only with manslaughter, §…”
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