Missouri Statutes

§ 544.190 — Rights of officer in making arrests.

Missouri § 544.190
JurisdictionMissouri
Title XXXVIICRIMINAL PROCEDURE
Ch. 544Arrest, Examination, Commitment and Bail

This text of Missouri § 544.190 (Rights of officer in making arrests.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mo. Rev. Stat. § 544.190 (2026).

Text

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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Legislative History

(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.

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Bluebook (online)
Missouri § 544.190, Counsel Stack Legal Research, https://law.counselstack.com/statute/mo/544.190.