A.Â
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.Â
Warrants
and searches or inspections made pursuant thereto shall conform to
and be governed by the following provisions:
1.Â
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.Â
The application shall:
a.Â
Be in writing;
b.Â
State the time and date of making the application;
c.Â
Identify the property or places to be searched in sufficient detail
and particularity that the officer executing the warrant can readily
ascertain it;
d.Â
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.Â
Be verified by the oath or affirmation of the applicant; and
f.Â
Be filed in the Municipal Court of the City of Ste. Genevieve.
3.Â
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.Â
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.Â
The application and any supporting affidavits and a copy of the warrant
shall be retained in the records of the court.
6.Â
The search warrant shall:
a.Â
Be in writing and in the name of the issuing authority;
b.Â
Be directed to any City of Ste. Genevieve Police Officer;
c.Â
State the time and date the warrant is issued;
d.Â
Identify the property or places to be searched in sufficient detail
and particularity that the officer executing the warrant can readily
ascertain it;
e.Â
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.Â
Be signed by the Municipal Judge, with his/her title of office indicated.
7.Â
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.Â
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.Â
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.Â
A search warrant shall be deemed invalid:
a.Â
If it is not issued by a Judge of the Municipal Court of the City
of Ste. Genevieve; or
b.Â
If it was issued without a written application having been filed
and verified; or
c.Â
If it was issued without probable cause; or
d.Â
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.Â
If it does not describe the property or places to be searched with
sufficient certainty; or
f.Â
If it is not signed by the Municipal Judge who issued it; or
g.Â
If it is not executed within ten (10) days after the date upon which
the warrant was issued.
11.Â
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.Â
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.Â
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.Â
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.Â
The disposition of the property seized pursuant to a search warrant
under this Section shall be in accordance with Section 542.301, RSMo.