Nixon's "state of emergency' covers entire state

In this Aug, 16, 2014 file photo, Missouri Highway Patrol Capt. Ron Johnson walks among people protesting the police shooting death of Michael Brown in Ferguson, Mo. Missouri police have been taking a refresher course on people's constitutional rights while simultaneously stocking up on new riot gear in advance of a grand jury decision on whether to charge a white police officer who fatally shot a black 18-year-old in suburban St. Louis.
In this Aug, 16, 2014 file photo, Missouri Highway Patrol Capt. Ron Johnson walks among people protesting the police shooting death of Michael Brown in Ferguson, Mo. Missouri police have been taking a refresher course on people's constitutional rights while simultaneously stocking up on new riot gear in advance of a grand jury decision on whether to charge a white police officer who fatally shot a black 18-year-old in suburban St. Louis.

All of Missouri is covered by Gov. Jay Nixon's Monday order declaring a state of emergency exists because of possible protests about a St. Louis County grand jury's decision - or a U.S. Justice Department decision - in their separate investigations of last summer's killing of Ferguson teenager Michael Brown.

Nixon's Executive Order 14-14, issued Monday, noted there already have been periods of unrest over the past three months in Ferguson and the St. Louis region, and the possibility of expanded unrest exists with the expected release of the St. Louis County grand jury probe.

Nixon ordered National Guard Adjutant Gen. Steve Danner "or his designee, to forthwith call and order into active service such portions of the organized militia as he deems necessary to protect life and property and assist civilian authorities" if there is a problem with rioting or unrest.

But some have wondered if the governor's order was premature.

Missouri law 44.100 defines the governor's emergency powers as "operative only during the existence of a state of emergency (which) may be proclaimed by the governor or by resolution of the legislature, if ... a natural or man-made disaster of major proportions has actually occurred within this state ..."

Some critics suggest that law means the governor must wait until after a problem has begun before he can declare a state of emergency - and that anticipating trouble doesn't count.

The executive order declares a statewide state of emergency, even though most experts expect demonstrations mainly in the St. Louis area.

Nixon's executive order put the St. Louis County police in "command and operational control over security in the City of Ferguson relating to areas of protests, acts of civil disobedience and conduct otherwise arising from such activities. A unified command of the Highway Patrol, St. Louis city and county police was given "operational authority ... and that other law enforcement agencies shall assist the Unified Command when so requested."

With a statewide emergency declaration, other law enforcement agencies aren't sure what that might mean.

For example, Cole County Sheriff Greg White told the county commission Tuesday that local law enforcement officials are being kept informed about the Ferguson situation but, so far, have not been asked to assist.

Although states of emergency are statewide, governors often declare emergency situations for specific areas - such as Joplin after the May 2011 tornado, or southern Missouri after the 2009 ice storms.

Emergency declarations can be widespread, such as the aftermath of the record-setting floods of 1993 or various winter storm emergencies that have been declared statewide.

Related video report:

Ferguson Nervously Awaits Grand Jury Decision