A.
Warrant Defined—Who May Issue, Execute.
1.
An "administrative warrant" is a written order of
the Municipal Judge permitting the entry of City officials on or into
private property to enforce the City's housing, zoning, health and
safety regulations when government entry on or into such private property
is otherwise authorized by Missouri law. A warrant may issue only
in conformance with this Section and only for the enforcement of the
City's housing, zoning, health and safety regulations, specifically:
2.
The Municipal Judge, having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality, may
issue an administrative warrant when:
a.
The property or place to be entered, searched or inspected or the
thing to be seized is located within the City at the time of the making
of the application; and
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer, in conjunction with Code Enforcement
Officer or other appropriate City Official, within the City limits
and not elsewhere.
B.
Who May Apply For Warrant—Contents Of Application.
1.
Any Code Enforcement Officer, Police Officer or attorney of the City
may make application to the Municipal Judge for the issuance of an
administrative warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized:
e.
State facts sufficient to show probable cause for the issuance of
a warrant:
(1)
To search or inspect for violations of an ordinance or Code
Section specified in the application; or
(2)
To show that entry or seizure is authorized and necessary to
enforce an ordinance or Code Section specified in the application
and that due process has been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a warrant and
in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered. The application may be submitted by facsimile or other
electronic means.
C.
Hearing And Procedure—Contents Of Warrant——Execution
And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for violations of any City ordinance or Code
Section or to enforce any such ordinance or Code Section.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City is reasonable in light of the facts stated.
The Municipal Judge shall consider the goals of the ordinance or Code
Section sought to be enforced and such other factors as may be appropriate,
including, but not limited to, the physical condition of the specified
property, the age and nature of the property, the condition of the
area in which the property is located, the known violation of any
relevant City ordinance or Code Section, the passage of time since
the property's last inspection and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search for violations of any
City ordinance or Code Section or to enforce any such ordinance or
Code Section, a warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies
and the application, any supporting affidavit and one (1) copy of
the warrant as issued shall be retained in the records of the Municipal
Court.
2.
Contents of warrant. The warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
e.
Command that the described property or places be searched or entered
upon and that any evidence of any suspected City ordinance violations
or any pertinent property conditions found therein or thereon be seized,
recorded or photographed and a description of such property be returned,
within ten (10) days after filing of the application, to the Clerk
of the Municipal Court, to be dealt with according to law;
f.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution and return.
a.
A warrant issued under this Section shall be executed only by a City
Police Officer, provided however, that one (1) or more designated
City Officials may accompany the officer and the warrant shall be
executed in the following manner:
(1)
The warrant may be issued by facsimile or other electronic means.
(2)
The warrant shall be executed by conducting the search, inspection,
entry or seizure as commanded and shall be executed as soon as practicable
and in a reasonable manner.
(3)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(4)
Itemized receipt for seized property.
(a)
If any property is seized incident to the search, the officer
shall give the person from whose possession it was taken, if the person
is present, an itemized receipt for the property taken. If no such
person is present, the officer shall leave the receipt at the site
of the search in a conspicuous place.
(b)
A copy of the itemized receipt of any property taken shall be
delivered to an attorney for the City within two (2) working days
of the search.
(c)
The disposition of property seized pursuant to a warrant under
this Section shall be in accordance with an applicable City ordinance
or Code Section, but in the absence of same, then with Section 542.301,
RSMo.
(5)
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
(6)
An officer making a search pursuant to an invalid warrant, the
invalidity of which is not apparent on its face, may use such force
as he/she would be justified in using if the warrant were valid.
(7)
A warrant shall expire if it is not executed and the required
return made within ten (10) days after the date of the making of the
application.
4.
After execution—return to be delivered to the Court.
a.
After execution of the warrant, the warrant, with a return thereon
signed by the officer making the search, shall be delivered to the
Municipal Court.
b.
The return shall show the date and manner of execution and the name
of the possessor and of the owner, when not the same person, if known,
of the property or places searched or seized.
c.
The return shall be accompanied by any photographs, copies or recordings
made and by any property seized, along with a copy of the itemized
receipt of such property required by this Section; provided however,
that seized property may be disposed of as provided herein and in
such a case a description of the property seized shall accompany the
return.
d.
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
searched or seized.
D.
Warrant Invalid, When. A warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1)(b) hereof;
4.
If it was not issued with respect to property or places in the City;
5.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
6.
If it is not signed by the Judge who issued it; or
7.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
