Missouri Revised Statutes

Mo. Rev. Stat. § 85.561 (2026)

Police officers, conservators of peace

✓ current as of May 2026

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85.561. Police officers, conservators of peace — supervision — powers and duties. — 1. In all third class cities the members of the police department shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the city.

2. The chief of police shall, in the discharge of his duties, be subject to the orders of the mayor only; the deputy chief of police and all other members of the police department shall be subject to the orders of their superiors in the police department and the mayor only.

3. Every member of the police department shall have power at all times to make or order an arrest with proper process for any offense against the laws of the city or the state, and to keep the offender in the city prison or other proper place to prevent his escape until a trial can be had before the proper officer, unless such offender shall give a good and sufficient bond for his appearance for trial, and shall also have power to make arrests without process in all cases in which any offense against the laws of the city or the state shall be committed in his presence. Every member of the police department is also empowered to serve and execute all warrants, subpoenas, writs or other process issued by the judge hearing and determining municipal ordinance violation cases of the city at any place within the limits of the county or counties within which the city is located. Every member of the police department shall have the power to make or order an arrest in areas leased or owned by the municipality outside of the boundaries of such municipality.

4. It shall be the duty of the chief of police or in his absence the deputy chief of police to collect all fines assessed for violations of municipal ordinances if not otherwise collected and pay the same into the city treasury.

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(L. 1955 p. 290 § 3, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 637, A.L. 1991 H.B. 462)

Notes of Decisions

Cited in 6 cases, 1976–1999 · leading case: City of Chicago v. Morales, 527 U.S. 41 (1999).

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City of Chicago v. Morales, 527 U.S. 41 (1999). · cites it 2× “keep the peace and good order"); Mo. Rev. Stat. § 85.561 (1998) ("[M]embers of the police department shall be conservators of the peace, and shall be active and vigilant in the preservation of good order within the city"); N.”

State v. Hedrick, 534 S.W.2d 578 (Mo. Ct. App. 1976). · cites it 4× “Appellant argues that by § 85.561(3), RSMo 1969, a member of the police department of a city of the third class, into which Brookfield falls, has “power to make arrests, without process in all eases in which any offense against the laws of the city shall be committed in his…”

State v. Willis, 654 S.W.2d 78 (Mo. 1983). · cites it 3× “Section 85.561 RSMo. (Supp.1982) in pertinent part gives police officers of third class cities, such as Mexico, the following authority to act as: 1.”

State v. Henderson, 660 S.W.2d 373 (Mo. Ct. App. 1983). · cites it 2× “” Section 85.561 provides that “[i]n all third class cities .”

State v. Helm, 773 S.W.2d 139 (Mo. Ct. App. 1989). · cites it 2× “561 1 is the current statute which sets forth the powers and duties of police officers in third class cities and it does not authorize such officers to effect arrests outside of the city limits. Appellant is correct to the extent he argues that Chief Hall as a member of the…”

Ried v. City of Maplewood, 673 S.W.2d 487 (Mo. Ct. App. 1984). · cites it 2× “Section 85.561 is a compilation of various partial and complete sections of the old statute relating to powers and chain of command.”

— Mo. Rev. Stat. § 85.561(3) — 1 case

State v. Hedrick, 534 S.W.2d 578 (Mo. Ct. App. 1976). “Appellant argues that by § 85.561(3), RSMo 1969, a member of the police department of a city of the third class, into which Brookfield falls, has “power to make arrests, without process in all eases in which any offense against the laws of the city shall be committed in his…”

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