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Section: 306.0165 Water patrol officer, powers, duties and jurisdiction of. RSMO 306.165


Published: 2015

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Missouri Revised Statutes













Chapter 306

Watercraft Regulation and Licensing--Water Patrol Division

←306.163

Section 306.165.1

306.167→

August 28, 2015

Water patrol officer, powers, duties and jurisdiction of.

306.165. 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;



(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.

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.



(L. 1963 p. 424 §1, A.L. 1971 S.B. 2, A.L. 1977 S.B. 194, A.L. 1985

H.B. 280, et al., A.L. 1989 S.B. 135, A.L. 2001 H.B. 732 merged

with S.B. 443, A.L. 2004 S.B. 920, A.L. 2010 H.B. 1868)



CROSS REFERENCE:



Scholarships or grants for disabled personnel injured or survivors of

personnel killed in the line of duty, 173.260





2004

2001

1991

1991



2004



306.165. Each water patrol officer appointed by the Missouri state

water patrol and each of such other employees as may be designated by the

patrol, before entering upon his or her duties, shall take and subscribe an

oath of office to perform all duties faithfully and impartially, and shall

be given a certificate of appointment, a copy of which shall be filed with

the secretary of state, granting 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;



(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 water patrol.





Each water patrol officer 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 water

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 water 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 water patrol's jurisdiction. Water patrol officers, if

practicable, shall notify the sheriff or the police department prior to

making an arrest within their respective county or city. Each water patrol

officer shall comply with the training and certification provisions of

chapter 590, RSMo.



2001



306.165. Each water patrol officer appointed by the Missouri state

water patrol and each of such other employees as may be designated by the

patrol, before entering upon his or her duties, shall take and subscribe an

oath of office to perform all duties faithfully and impartially, and shall

be given a certificate of appointment, a copy of which shall be filed with

the secretary of state, granting 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;



(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.





Each water patrol officer 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 water

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. Each water

patrol officer shall, within six months after receiving a certificate of

appointment, satisfactorily complete a law enforcement training course

including six hundred hours of actual instruction conducted by a duly

constituted law enforcement agency or any other school approved pursuant to

chapter 590, RSMo.



1991



306.165. Each water patrolman appointed by the Missouri

state water patrol and each of such other employees as may be

designated by the patrol, before entering upon his duties, shall

take and subscribe an oath of office to perform his duties

faithfully and impartially, and shall be given a certificate of

appointment, a copy of which shall be filed with the secretary of

state, granting him 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;



(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.





Each water patrolman 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 water patrolman may arrest on view, and without a

warrant, any person he sees violating or who he has reasonable

grounds to believe has violated any law of this state, upon any

water or land area subject to his jurisdiction as provided in

this section. It is further provided that each water patrolman

shall be bonded in like manner and amount as sheriffs under

section 57.020, RSMo. Each water patrolman shall, within six

months after receiving his certificate of appointment,

satisfactorily complete a law enforcement training course

including six hundred hours of actual instruction conducted by a

duly constituted law enforcement agency or any other school

approved under chapter 590, RSMo.



1991



306.165. Each water patrolman appointed by the Missouri

state water patrol and each of such other employees as may be

designated by the patrol, before entering upon his duties, shall

take and subscribe an oath of office to perform his duties

faithfully and impartially, and shall be given a certificate of

appointment, a copy of which shall be filed with the secretary of

state, granting him 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;



(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.





Each water patrolman 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 water patrolman may arrest on view, and without a

warrant, any person he sees violating or who he has reasonable

grounds to believe has violated any law of this state, upon any

water or land area subject to his jurisdiction as provided in

this section. It is further provided that each water patrolman

shall be bonded in like manner and amount as sheriffs under

section 57.020, RSMo. Each water patrolman shall, within six

months after receiving his certificate of appointment,

satisfactorily complete a law enforcement training course

including six hundred hours of actual instruction conducted by a

duly constituted law enforcement agency or any other school

approved under chapter 590, RSMo.



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