EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 625
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
2364S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 542.296 and 542.525, RSMo, and to enact in lieu thereof two new sections
relating to searches and seizures of private property by public entities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 542.296 and 542.525, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 542.296 and 542.525, to read as follows:3
542.296. 1. A person aggrieved by an unlawful seizure 1
made by an officer and against whom there is a pending 2
criminal proceeding growing out of the subject matter of the 3
seizure may file a motion to supp ress the use in evidence of 4
the property or matter seized. For the purposes of this 5
section, a pending criminal proceeding shall mean any 6
criminal investigation being conducted with the intention of 7
using the seized subject matter in seeking an indict ment or 8
information or when an information has been issued or an 9
indictment returned. 10
2. The motion to suppress shall be in writing. It 11
shall be filed with the court in which there is pending 12
against the moving party a criminal proceeding growin g out 13
of the subject matter of the seizure. 14
3. The motion shall be made before the commencement of 15
the trial of the moving party on the charge arising out of 16
the seizure unless he was unaware of the grounds or had no 17
opportunity to do so before t he trial. In that event the 18 SB 625 2
motion may be made during the trial. However, the trial 19
judge may in his discretion entertain a motion any time 20
during trial. 21
4. Notice shall be given to the prosecuting attorney 22
of the date, time, place and nature o f the hearing. 23
5. The motion to suppress may be based upon any one or 24
more of the following grounds: 25
(1) That the search and seizure were made without 26
warrant and without lawful authority; 27
(2) That the warrant was improper upon its face or was 28
illegally issued, including the issuance of a warrant 29
without proper showing of probable cause; 30
(3) That the property seized was not that described in 31
the warrant and that the officer was not otherwise lawfully 32
privileged to seize the sam e; 33
(4) That the warrant was illegally executed by the 34
officer; 35
(5) That in any other manner the search and seizure 36
violated the rights of the movant under Section 15 of 37
Article I of the Constitution of Missouri, or the fourth and 38
fourteenth amendments of the Constitution of the United 39
States; 40
(6) That the search and seizure were made without 41
warrant on the property of a landowner who fenced or posted 42
a "no trespassing" sign on the property or, by some other 43
means, indicated unmista kably that entry is not permitted, 44
except in the case of national security or in the case of a 45
missing person. 46
6. The judge shall receive evidence on any issue of 47
fact necessary to the decision of the motion. The burden of 48
going forward with the evidence and the risk of 49
nonpersuasion shall be upon the state to show by a 50 SB 625 3
preponderance of the evidence that the motion to suppress 51
should be overruled. 52
7. If the motion is sustained, the judge shall order 53
the property or matter delivered to t he moving party, unless 54
its retention is authorized or required by section 542.301, 55
or by any other law of this state. 56
542.525. No employee of a state agency or a political 1
subdivision of the state shall place any surveillance camera 2
or game camera on private property without first obtaining 3
consent from the landowner or the landowner's designee [;] or 4
a search warrant as required by and under Article I, Section 5
15 of the Constitution of Missouri or the Fourth and 6
Fourteenth Amendments of the Constitution of the United 7
States[; or permission from the highest ranking law 8
enforcement chief or officer of the agency or political 9
subdivision, provided that permission of the highest ranking 10
law enforcement chief or officer of the age ncy or political 11
subdivision is valid only when the camera is facing a 12
location that is open to public access or use and the camera 13
is located within one hundred feet of the intended 14
surveillance location ]. 15