Section 9.15 Requirements for Obtaining: In General

• Library: Criminal Practice 2012 Supp

B. (§9.15) Requirements for Obtaining: In General

The Fourth Amendment requires that a warrant be issued by a detached and neutral magistrate based on a sworn showing of probable cause. These standards are implemented in §§ 542.266–542.276, RSMo 2000 and Supp. 2004. The “warrant may be issued by an appellate judge or by any judge of a court having original jurisdiction of criminal offenses within the territorial jurisdiction where the person, place, or . . . thing to be searched is located at the time of the making of the application.” Section 542.266.2, RSMo 2000.

Section 542.276, RSMo Supp...