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Missouri Revised Statutes

Mo. Rev. Stat. § 544.190 (2026)

Rights of officer in making arrests

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  544.190.  Rights of officer in making arrests. — If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

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(RSMo 1939 § 3960)

Prior revisions: 1929 § 3571; 1919 § 3914; 1909 § 5121

(1976) This section and § 559.040 held unconstitutional as a violation of due process as guaranteed by the fifth and fourteenth amendments to the Constitution of the United States.  Caveat, this is a four to three decision and may be considered by the supreme court. Mattis v. Schnarr (C.A. Mo.), 547 F.2d 1007.

(1980) A jury is fully capable of understanding the term "necessary means" without further definition. Davis v. Moore (A.), 601 S.W.2d 316.

Notes of Decisions
Cited in 10 cases, 1974–2020 · leading case: State v. Nunes, 546 S.W.2d 759 (Mo. Ct. App. 1977).
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State v. Nunes, 546 S.W.2d 759 (Mo. Ct. App. 1977). · cites it 4× “§ 544.190, RSMo 1969. 2 He may use only the force he reasonably believes necessary [State v.”
State v. Ajak, 543 S.W.3d 43 (Mo. 2018). · cites it 2× “040, RSMo 2000 (bail, associate circuit judge may grant, when); § 544.190, RSMo 2000 (rights of officer in making arrests); § 544.”
State v. Thomas, 625 S.W.2d 115 (Mo. 1981). · cites it 2× “If, after announcing his intention to arrest, the officer encounters flight or resistance he is bound by Section 544.190 to use “all necessary means to effect the arrest.”
Walsh v. Oehlert, 508 S.W.2d 222 (Mo. Ct. App. 1974). · cites it 9× “494; § 544.190, RSMo 1969; V.A.M.S.; and State v.”
Davis v. Moore, 553 S.W.2d 559 (Mo. Ct. App. 1977). · cites it 4× “Admitting that they fired upon Tyrone, defendants sought *561 exoneration from civil liability for his death under § 544.190, RSMo 1969 1 on the ground that they were using the necessary means to effect the arrest of a fleeing felon.”
Robert Dean Mattis, M.D. v. Richard R. Schnarr & Robert Marek v. John C. Danforth, Attorney Gen., State of Missouri, Intervenor-Appellee, 547 F.2d 1007 (8th Cir. 1976). “190 unconstitutional * * * ” The majority’s decision fails to recognize that Mo.Rev.Stat. § 544.190 (1969) only permits such force as may be reasonably necessary to apprehend a fleeing felon.”
Linkogel v. Baker Prot. Servs., Inc., 659 S.W.2d 300 (Mo. Ct. App. 1983). · cites it 2× “The instruction should therefore submit facts to the jury for its resolution of whether or not Linkogel forcibly resisted arrest.”
Davis v. Moore, 601 S.W.2d 316 (Mo. Ct. App. 1980). · cites it 3× “Section 544.190, RSMo 1978. Plaintiffs first contend that the trial court misled the jury on an issue of law when it sustained and commented on defendant’s objection to a portion of the plaintiffs’ closing argument.”
Mattis v. Schnarr, 404 F. Supp. 643 (E.D. Mo. 1975). · cites it 2× “2) § 544.190, R.S.Mo.1969: If, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.”
Woolverton v. City of Wardell, No. 1:17-cv-00170 (E.D. Mo. Nov. 10, 2020). · cites it 2× “If, after announcing his intention to arrest, the officer encounters flight or resistance he is bound by Section 544.190 to use “all necessary means to effect the arrest.”
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