Section 9.20 Manner of Execution and Scope of Search

• Library: Criminal Practice 2012 Supp

G. (§9.20) Manner of Execution and Scope of Search

Once issued, a search warrant must be executed in a reasonable manner. Section 542.276, RSMo Supp. 2004, sets out requirements for execution. The warrant must be executed only by a peace officer in the territorial jurisdiction. Section 542.276.7; § 542.286, RSMo 2000. When officers of that jurisdiction are present during the search, involvement by officers from outside the jurisdiction does not invalidate the search or execution of the warrant. State v. Elliott, 845 S.W.2d 115, 117 (Mo. App. S.D. 1993). An officer may summon others to assist in the execution, and these persons will not be liable as a result of any illegality of the search or seizure. Section 542.291.3, RSMo 2000. The police may not constitutionally bring along others who are not needed to execute the search. Thus, “it is a violation of the Fourth Amendment for police to bring members of the media or other third parties into a home during the execution of a warrant when the presence of the third parties in the home was not in aid of the execution of the warrant.” Wilson v. Layne, 526 U.S. 603, 614 (1999).

The warrant must be executed within a reasonable time. Section 542.276.8 requires that it be “as soon as practicable,” but in any event no later than ten days after issuance. Within the ten-day period, execution is reasonable as long as probable cause still exists. State v. Flenoid, 838 S.W.2d 462, 467 (Mo. App. E.D. 1992); State v. Jackson, 821 S.W.2d 908, 910 (Mo. App. W.D. 1992). When drugs are involved, the probable cause may be for any drugs and not specifically for the drugs that were present at the time the warrant was obtained. Flenoid, 838 S.W.2d at 467. See United States v. Shegog, 787 F.2d 420, 422 (8^th Cir. 1986). The...