542.276. Who may apply for search warrant--contents of application, affidavit--where filed, hearing--contents of warrant--who may execute, return, when and how made--warrant deemed invalid, when.
Who may apply for search warrant--contents of application,affidavit--where filed, hearing--contents of warrant--who mayexecute, return, when and how made--warrant deemed invalid, when.
542.276. 1. Any peace officer or prosecuting attorney may makeapplication under section 542.271 for the issuance of a search warrant.
2. The application shall:
(1) Be in writing;
(2) State the time and date of the making of the application;
(3) Identify the property, article, material, substance or personwhich is to be searched for and seized, in sufficient detail andparticularity that the officer executing the warrant can readily ascertainit;
(4) Identify the person, place, or thing which is to be searched, insufficient detail and particularity that the officer executing the warrantcan readily ascertain whom or what he or she is to search;
(5) State facts sufficient to show probable cause for the issuance ofa search warrant;
(6) Be verified by the oath or affirmation of the applicant;
(7) Be filed in the proper court;
(8) Be signed by the prosecuting attorney of the county where thesearch is to take place, or his or her designated assistant.
3. The application may be supplemented by a written affidavitverified by oath or affirmation. Such affidavit shall be considered indetermining whether there is probable cause for the issuance of a searchwarrant and in filling out any deficiencies in the description of theperson, place, or thing to be searched or of the property, article,material, substance, or person to be seized. Oral testimony shall not beconsidered. The application may be submitted by facsimile or otherelectronic means.
4. The judge shall determine whether sufficient facts have beenstated to justify the issuance of a search warrant. If it appears from theapplication and any supporting affidavit that there is probable cause tobelieve that property, article, material, substance, or person subject toseizure is on the person or at the place or in the thing described, asearch warrant shall immediately be issued. The warrant shall be issued inthe form of an original and two copies.
5. The application and any supporting affidavit and a copy of thewarrant shall be retained in the records of the court from which thewarrant was issued.
6. The search warrant shall:
(1) Be in writing and in the name of the state of Missouri;
(2) Be directed to any peace officer in the state;
(3) State the time and date the warrant is issued;
(4) Identify the property, article, material, substance or personwhich is to be searched for and seized, in sufficient detail andparticularity that the officer executing the warrant can readily ascertainit;
(5) Identify the person, place, or thing which is to be searched, insufficient detail and particularity that the officer executing the warrantcan readily ascertain whom or what he or she is to search;
(6) Command that the described person, place, or thing be searchedand that any of the described property, article, material, substance, orperson found thereon or therein be seized or photographed or copied andwithin ten days after filing of the application, any photographs or copiesof the items may be filed with the issuing court;
(7) Be signed by the judge, with his or her title of officeindicated.
7. A search warrant issued under this section may be executed only bya peace officer. The warrant shall be executed by conducting the searchand seizure commanded. The search warrant issued under this section may beissued by facsimile or other electronic means.
8. A search warrant shall be executed as soon as practicable andshall expire if it is not executed and the return made within ten daysafter the date of the making of the application. A search and anysubsequent searches of the contents of any property, article, material, orsubstance seized and removed from the location of the execution of anysearch warrant during its execution may be conducted at any time during orafter the execution of the warrant, subject to the continued existence ofprobable cause to search the property, article, material, or substanceseized and removed. A search and any subsequent searches of the property,article, material, or substance seized and removed may be conducted afterthe time for delivering the warrant, return, and receipt to the issuingjudge has expired. A supplemental return and receipt shall be delivered tothe issuing judge upon final completion of any search which concludes afterthe expiration of time for delivering the original return and receipt.
9. After execution of the search warrant, the warrant with a returnthereon, signed by the officer making the search, shall be delivered to thejudge who issued the warrant. The return shall show the date and manner ofexecution, what was seized, and the name of the possessor and of the owner,when he or she is not the same person, if known. The return shall beaccompanied by a copy of the itemized receipt required by subsection 6 ofsection 542.291. The judge or clerk shall, upon request, deliver a copy ofsuch receipt to the person from whose possession the property was taken andto the applicant for the warrant.
10. A search warrant shall be deemed invalid:
(1) If it was not issued by a judge; or
(2) If it was issued without a written application having been filedand verified; or
(3) If it was issued without probable cause; or
(4) If it was not issued in the proper county; or
(5) If it does not describe the person, place, or thing to besearched or the property, article, material, substance, or person to beseized with sufficient certainty; or
(6) If it is not signed by the judge who issued it; or
(7) If it was not executed within the time prescribed by subsection 8of this section.
(L. 1974 S.B. 366 § 4, A.L. 1983 S.B. 24, A.L. 1989 S.B. 215 & 58, A.L. 2004 S.B. 1211, A.L. 2005 H.B. 353, A.L. 2008 S.B. 932)