Being Stopped by Police in Missouri
Police searched me or my car — here's what Missouri law says and what to do next.
Statute: Mo. Const. Art. I, section 15 (unreasonable search and seizure); Mo. Rev. Stat. section 537.600 (sovereign immunity waiver)
Deadline: 365 days
Penalty: Missouri constitutional protections parallel the Fourth Amendment. Sovereign immunity is waived for certain torts under Mo. Rev. Stat. section 537.600
What is being stopped by police?
The 4th Amendment protects you from unreasonable searches and seizures. In most cases, police need a warrant signed by a judge before they can search your home, car, phone, or belongings.
There are exceptions — police can search without a warrant if you give consent, if evidence is in plain view, or in certain emergency situations. But the default rule is: no warrant, no search.
What to Do If Police Want to Search You
Step 1: Say clearly: "I do not consent to any searches." Say it calmly and repeat it if needed. This preserves your rights even if police search anyway.
Step 2: Ask: "Do you have a warrant?" If police say yes, ask to see it. A valid warrant must specify the place to be searched and the items to be seized.
Step 3: Do not physically block or resist a search, even if you believe it's illegal. Your remedy is in court, not on the scene.
Step 4: Document everything afterward. Write down what happened, what was searched, what was taken, and the names/badge numbers of officers involved.
Step 5: If evidence was obtained through an illegal search, your attorney can file a motion to suppress it (the "exclusionary rule" from Mapp v. Ohio, 1961).
How Missouri differs from federal law
Missouri's search and seizure protections follow the Fourth Amendment and the Missouri Constitution:
- The Missouri Constitution, Art. I, § 15 protects against unreasonable searches and seizures
- Missouri courts generally follow federal Fourth Amendment jurisprudence
- MO requires warrants for most searches with standard exceptions (consent, exigent circumstances, plain view, search incident to arrest, automobile exception)
- The U.S. Supreme Court's landmark case Missouri v. McNeely (2013) originated in Missouri, establishing that police generally need a warrant for blood draws in DUI cases
- Missouri follows the exclusionary rule for illegally obtained evidence
- Missouri allows DUI/sobriety checkpoints under specific procedural requirements
Additional steps in Missouri
If you believe your rights were violated, contact a Missouri criminal defense attorney. File a complaint with the law enforcement agency's internal affairs division. The ACLU of Missouri can be reached at (314) 652-3114 or aclu-mo.org.
What you should NOT do
Don't consent. Police may ask "mind if I take a look?" or "you don't have anything illegal, right?" These are requests for consent. You can say no.
Don't leave your door open. If police knock on your door, you can speak through the door or step outside and close it behind you. An open door can give police a "plain view" argument.
Don't unlock your phone. Police cannot force you to unlock your phone with a passcode (5th Amendment). Biometric locks (fingerprint, face) have less protection — consider disabling them during an encounter.
Don't destroy evidence. If police are approaching, do not throw away or destroy anything. That creates new charges and implies guilt.
Don't wait — the clock is ticking.
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Generate your unlawful search →This page is general legal information for Missouri, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Missouri.