Missouri Laws 306.165 – Water patrol officer, powers, duties and jurisdiction of
Each patrol officer assigned to the water patrol division by the superintendent of the highway patrol as provided in section 43.390 shall possess all the powers of a peace officer to enforce all laws of this state, upon all of the following:
(1) The waterways of this state bordering the lands set forth in subdivisions (2), (3), (4), and (5) of this section;
Terms Used In Missouri Laws 306.165
- Arrest: Taking physical custody of a person by lawful authority.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- water patrol division: the division responsible for enforcing the provisions of this chapter on the waters of this state. See Missouri Laws 306.010
- Watercraft: any boat or craft, including a vessel, used or capable of being used as a means of transport on waters. See Missouri Laws 306.010
(2) All federal land, where not prohibited by federal law or regulation, and state land adjoining the waterways of this state;
(3) All land within three hundred feet of the areas in subdivision (2) of this section;
(4) All land adjoining and within six hundred feet of any waters impounded in areas not covered in subdivision (2) with a shoreline in excess of four miles;
(5) All land adjoining and within six hundred feet of the rivers and streams of this state;
(6) Any other jurisdictional area, pursuant to the provisions of section 306.167;
(7) All premises leased or owned or under control of the Missouri state highway patrol.
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Each patrol officer assigned to the water patrol division may board any watercraft at any time, with probable cause, for the purpose of making any inspection necessary to determine compliance with the provisions of this chapter. Each patrol officer may arrest on view and without a warrant any person he or she sees violating or who such patrol officer has reasonable grounds to believe has violated any law of this state, upon any water or land area subject to his or her jurisdiction as provided in this section or may arrest anyone violating any law in his or her presence throughout the state. Each patrol officer, while investigating an accident or crime that was originally committed within such patrol officer’s jurisdiction, as set forth in this section, may arrest any person who he or she has probable cause to believe has committed such crime, even if the suspect is currently out of the division of water patrol’s jurisdiction. Patrol officers, if practicable, shall notify the sheriff or the police department prior to making an arrest within their respective county or city. Each patrol officer shall comply with the training and certification provisions of chapter 590.