KORONER’s KORNER: coroner’s duty in death investigations

I was in Walmart the other day, waiting on the last few items to be bagged when, all of a sudden, a young lady, a student at Cottey College, ran up from behind me and excitedly asked me, “Are you a Crime Scene Investigator!?”  She had certainly caught me by surprise.  Unusually that day, I had worn my black windbreaker with the large, reflective lettering, CORONER’ emblazoned across the back.

When I finally realized she was referring to my jacket, I admitted to her that, “Yes, when it comes to homicides, I am a crime scene investigator.  But not for just any crime, only where I make a judgment that a homicide has been committed.”  Jim Akers, Coroner from Butler County addresses the investigation part of a coroner’s duties in this, lightly edited paper.

I. Introduction

In the state of Missouri, the coroner serves as a crucial figure in the investigation of deaths, particularly those resulting from felonious acts.  The Revised Statutes of Missouri (RSMo) Chapter 58 provide coroners with explicit statutory authority to conduct death investigations, delineating their role as conservators of the peace with significant law enforcement powers.

This article provides a short, overview of the legal framework governing the coroner’s duties, including their authority to issue subpoenas, writs of attachment, impose bail, and take sworn testimony—powers that are essential for criminal investigations resulting from felony deaths.

II. Statutory Authority of the Coroner

• RSMo 58.451 – Mandatory Investigation by the Coroner  This statute mandates that when a person dies under suspicious, violent, or unexplained circumstances, the coroner “shall” take charge of the body and conduct a full investigation to determine the cause and manner of death.

The statute explicitly limits law enforcement’s role at a death scene to notifying the coroner and providing information but does not grant them authority to conduct further investigations into cause and manner of death.

If the body is buried before an investigation, only the coroner has the authority to request exhumation and order an autopsy.  That request is made at the coroner’s own discretion to the prosecuting attorney to apply for a court order requiring the body to be exhumed.

In Cedar County, I have only had to come close to filing that request one time, when a freshly dug, unknown grave was discovered in a rural cemetery.  I was concerned that there may have been a murder and a body secretly buried without the knowledge of the cemetery caretakers.  Thankfully, no foul play was involved, as it was only someone trying to do their part in taking care of a poor, homeless individual who had died in their care.

• RSMo 58.180 – Coroner as Conservator of the Peace  This statute designates the coroner as a conservator of the peace, providing them with law enforcement powers specifically in relation to death investigations.

This designation supports the coroner’s authority to lead inquiries into violent or unexplained deaths, reinforcing their quasi-judicial role.

• RSMo 58.370 – Duty to Seek Arrest Warrants in Felony Deaths  If an inquest determines that a death resulted from a felony, the coroner is required to notify an associate circuit judge, bypassing law enforcement and the prosecuting attorney.

The use of “shall” in this statute mandates the coroner to initiate the legal process, further affirming their exclusive jurisdiction over criminal deaths.

III. Additional Legal Powers of the Coroner in Criminal Investigations

The statutory powers granted to the coroner extend beyond basic death investigations and include mechanisms typically reserved for criminal investigations:

• Issuance of Subpoenas (RSMo 58.330)  Coroners may issue summons for witnesses, and such evidence, documents, and materials of substance, commanding them to come before him to be examined in an inquest.  This power is critical for gathering evidence and compelling witness participation in criminal cases.

• Issuance of Writs of Attachment (RSMo 58.380)  If a witness fails to comply with a subpoena, the coroner can issue a writ of attachment to enforce attendance, ensuring necessary testimony is obtained to support a thorough investigation.

• Imposition of Bail (RSMo 58.430)  A witness compelled to testify may be placed on bail, highlighting the coroner’s quasi-judicial role in felony death investigations.

• Administration of Oaths and Sworn Testimony (RSMo 58.340 & 58.350)  The coroner is empowered to administer oaths and take sworn testimony from witnesses, reinforcing their role in formal legal inquiries.

IV. Legal Implications of Law Enforcement’s Role

• Due Process and Fourth Amendment Considerations  The Missouri Constitution and U.S. Constitution require statutory authority for any law enforcement action.

If law enforcement collects evidence at a death scene beyond their statutory authority (which is limited to observing and reporting under RSMo 58.451), it could constitute an unlawful seizure under the Fourth Amendment.

Any unauthorized investigation by law enforcement could violate due process protections, potentially rendering evidence inadmissible in court.

• The Importance of “Shall” in Missouri Law  The repeated use of “shall” in RSMo 58.451, 58.370, and related statutes imposes mandatory duties on the coroner, signifying exclusive authority in specific aspects of death investigations.

Law enforcement’s role is limited in the statutory language, reinforcing the coroner’s primary jurisdiction over death investigations.

V. Conclusion

Missouri statutes establish the coroner as the principal authority in death investigations, particularly in cases of felony deaths.  The statutory provisions granting the coroner the power to issue subpoenas, compel witness attendance, impose bail, and take sworn testimony underscore their central role in criminal death investigations.  Law enforcement agencies, while essential in broader criminal matters, do not have statutory authority to determine cause and manner of death or collect evidence in such cases beyond reporting to the coroner.

This legal framework ensures that due process is upheld, proper procedures are followed, and criminal investigations related to deaths are conducted in accordance with Missouri law.  Understanding and adhering to these statutory requirements is critical for maintaining the integrity of the legal process and ensuring justice in cases involving suspicious, unnatural deaths.

Danny Leo Green,

Coroner, Cedar County