City of Ste. Genevieve, MO Article IV Search Warrants

Section 130.320 Search Warrants.

A. The Municipal Judge of the City of Ste. Genevieve shall have the authority to issue search warrants for searches or inspections to determine the existence of violations of any ordinance whose violation is punishable by fine or jail or both.

B. Warrants and searches or inspections made pursuant thereto shall conform to and be governed by the following provisions:

1. Any Police Officer, the City Attorney or prosecuting attorney of the City of Ste. Genevieve may make application for the issuance of a search warrant.

2. The application shall:

a. Be in writing;

b. State the time and date of making the application;

c. Identify the property or places to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

d. State facts sufficient to show probable cause for the issuance of a search warrant to search for violations of any provision of the ordinances of the City of Ste. Genevieve specified in the application;

e. Be verified by the oath or affirmation of the applicant; and

f. Be filed in the Municipal Court of the City of Ste. Genevieve.

3. The application shall be supplemented by written affidavits verified by oath or affirmation. Such affidavits shall be considered in determining whether there is probable cause for the issuance of a search warrant and in filling out any deficiencies in the description of the property or places to be searched. Oral testimony shall not be considered.

4. The judge shall hold a non-adversarial hearing to determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavits that there is probable cause to inspect or search for violations of any specified provision of the ordinances of the City, a search warrant shall immediately be issued to search for such violations. The warrant shall be issued in the form of an original and two (2) copies.

5. The application and any supporting affidavits and a copy of the warrant shall be retained in the records of the court.

6. The search warrant shall:

a. Be in writing and in the name of the issuing authority;

b. Be directed to any City of Ste. Genevieve Police Officer;

c. State the time and date the warrant is issued;

d. Identify the property or places to be searched 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 and that any photographs of violations found thereon or therein be brought, within ten (10) days after issuance of the warrant, to the Municipal Judge who issued the warrant to be dealt with according to law; and

f. Be signed by the Municipal Judge, with his/her title of office indicated.

7. A search warrant issued under this Section may be executed only by a Police Officer. The warrant shall be executed by conducting the search commanded.

8. A search warrant shall be executed as soon as practicable and shall expire if it is not executed and the return made within ten (10) days after the date of the issuance of the warrant.

9. After execution of the search warrant, the warrant, with a return thereon signed by the officer making the search, shall be delivered to the Municipal Judge who issued the warrant. The return shall show the date and manner of execution and the name of the possessor and of the owner of the property or places searched when he/she is not the same person, if known.

10. A search warrant shall be deemed invalid:

a. If it is not issued by a Judge of the Municipal Court of the City of Ste. Genevieve; or

b. If it was issued without a written application having been filed and verified; or

c. If it was issued without probable cause; or

d. If it was not issued with respect to property or places within the jurisdiction of the chapter on which the ordinance violation was based; or

e. If it does not describe the property or places to be searched with sufficient certainty; or

f. If it is not signed by the Municipal Judge who issued it; or

g. If it is not executed within ten (10) days after the date upon which the warrant was issued.

11. 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 would be justified if the warrant were valid.

12. The officer may summon as many persons as deemed necessary to assist in executing the warrant. Such person shall not be held liable as a result of the illegality of the search and seizure.

13. If any property is seized, the officer shall give the person from whose possession it is taken, if the person is present, a copy of the warrant and an itemized receipt for the property taken. If no person is present, the officer shall leave the copy and the receipt at the site of the search.

14. A copy of the itemized receipt of any property taken shall be delivered to the office of the City Attorney or the prosecuting attorney within two (2) working days of the search.

15. The disposition of the property seized pursuant to a search warrant under this Section shall be in accordance with Section 542.301, RSMo.