DENNIS UPBEAT ABOUT SEARCH COMPROMISE

JEFFERSON CITY - Sen. John Dennis said Thursday he is optimistic legislation giving Missouri Highway Patrol troopers the authority to seek search warrants will win approval this year.

The measure has passed the Senate and is awaiting action in the House, where it was recently approved by the House Civil and Criminal Law Committee.

For years, county sheriffs have argued against giving the highway patrol search and seizure powers. Sheriffs and other opponents of such power claim the highway patrol was created to patrol the highways and not to be involved in law enforcement. But in recent years, with the increased use of the patrol in dealing with major crimes and drugs, supporters of the powers say it is essential to foster good law enforcement.

Dennis, who served 24 years as Scott County sheriff before coming to the Senate in 1977, has become a natural mediator in the dispute. He is proposing a compromise between the patrol and the Missouri Sheriffs' Association.

"This plan puts them much closer together and will enable sheriffs and the patrol to work together," said Dennis. He admits to being an opponent of giving search and seizure power while he was sheriff, but said his bill provides a good middle ground.

Under the proposal, a patrolman can go to a county prosecutor to request a search warrant. The prosecutor would go to the judge for the warrant, and if issued, the prosecutor would have to notify the county sheriff that it has been issued.

Before the warrant can be used, the sheriff, or his designee, must accompany the patrol.

"This bill just says the prosecutor has got to contact the sheriff when these are issued," said Dennis. "Right now if the patrol wants to get a search warrant, it has to go through the sheriff."

Under present law, the sheriff has to be approached first, even if it is a case behind handled solely by the highway patrol.

"The way we have it set up, the sheriff and patrol will be working together, and I think that will be good," said Dennis.

The senator believes the legislation will strengthen major case squads which have been organized around the state.

At one time Dennis said he supported the formation of a Missouri Bureau of Investigation; however, the trend in recent years has been toward expanding some of the powers of the highway patrol from doing more than patrolling the highways. The idea of an "MBI" has been basically forgotten.

During his tenure as sheriff, Dennis said he always got along with the highway patrol and only requested they notify him of any felonies that were committed in Scott County.

The senator said he sees a move toward cooperation because sheriffs now are better trained and recognize assistance that can be provided in law enforcement by the patrol.

Last year the provision was included in a large drug bill which failed on the last day of the legislative session.

Dennis said although there is still some controversy about the measure, he feels good about its chances of winning approval.