[Bill No. 2008-16(570.010) §1, 5-5-2008]
A.
An
"administrative search warrant" is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing, and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein, to determine or prove
the existence of violations of any ordinance or Code Section of the
City of Chaffee, Missouri, relating to the use, condition or occupancy
of property or structures located within the City of Chaffee, Missouri,
or to enforce the provisions of any such ordinance or Code Section
relating to building ordinances, housing and zoning codes, utility
use requirements and health and safety regulations and nuisance ordinances
and any other ordinance relating to health, safety and welfare of
residents of the City of Chaffee, Missouri, or to enforce the provisions
of any such ordinance or Code Section.
B.
The
Municipal Judge having original and exclusive jurisdiction to determine
violations against the ordinances of the City of Chaffee, Missouri,
may issue an administrative search warrant when:
C.
Any
search warrant shall be directed to the Chief of Police or any other
Police Officer of the City of Chaffee, Missouri, and shall be executed
by the Chief of Police or said Police Officer within the City of Chaffee,
Missouri City limits and not elsewhere.
[Bill No. 2008-16(570.010) §1, 5-5-2008]
A.
Any
Police Officer, or the City Attorney, or the Building Inspector, or
the supervisor of public works of the City of Chaffee, Missouri, may
bake application to the Municipal Judge for the issuance of an administrative
search warrant.
B.
The
application shall:
1.
Be in writing;
2.
State the time and date of the making of the application;
3.
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;
4.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized cannot be located after reasonable
efforts or the property has been abandoned or has been requested by
the appropriate official/officer of the City of Chaffee, Missouri,
to allow such action and has refused to allow such action;
5.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Section 130.340(A), to:
a.
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
b.
Show that entry for seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and that
any required due process has been afforded prior to the entry or seizure;
6.
Be verified by the oath or affirmation of the applicant; and
7.
Be signed by the applicant and filed in the Municipal Court.
C.
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 search 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.
[Bill No. 2008-16(570.010) §1, 5-5-2008]
A.
Hearing And Procedure.
1.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search or seize property
items for violations of any City of Chaffee, Missouri, ordinance or
Code Section, or to enforce any such ordinance or Code Section.
2.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City of Chaffee, Missouri, 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 ordinances or Code Sections and the passage
of time since the property's last inspection. The standard for issuing
a warrant need not be limited to actual knowledge of any existing
violation of a City of Chaffee, Missouri, ordinance or Code Section.
3.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search or seize property items
for violations of any City of Chaffee, Missouri, ordinance or Code
Section, or to enforce any such ordinance or Code Section, a search
warrant shall immediately be issued.
4.
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.
B.
Contents Of Search Warrant. The search warrant shall:
1.
Be in writing and in the name of the City of Chaffee, Missouri;
2.
Be directed to any Police Officer in the City of Chaffee, Missouri;
3.
State the time and date the warrant was issued;
4.
Identify the property or places to be seized, searched, inspected
or entered upon and if necessary describe any action to be taken to
enforce any ordinance or code in sufficient detail and particularity
that the officer executing the warrant can readily ascertain it;
5.
Command that the described property or places be searched or entered
upon or the described action to be taken and performed and that any
evidence of any City of Chaffee, Missouri, ordinance violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized, or the description of the action
taken be returned, within ten (10) days after filing of the application,
to the Municipal Judge who issued the warrant, to be dealt with according
to law;
6.
Be signed by the judge, with his/her title of office indicated.
C.
Execution And Return.
1.
A search warrant issued under this Section shall be executed only
by a City of Chaffee, Missouri, Police Officer, provided however,
that one (1) or more designated City of Chaffee, Missouri, officials
or other persons as may be identified in the search warrant may accompany
the officer, and the warrant shall be executed in the following manner:
a.
The warrant shall be executed by conducting the search, inspection,
entry, seizure or action performed as commanded and shall be executed
as soon as practicable and in a reasonable manner.
b.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant. If no such person
is present, the copy of the search warrant shall be posted in a conspicuous
place on the property searched.
c.
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.
d.
A copy of the itemized receipt of any property taken shall be delivered
to the City Attorney for the City of Chaffee, Missouri, within two
(2) working days of the search.
e.
The disposition of the property seized pursuant to a search warrant
under this Section shall be in accordance with the applicable City
of Chaffee, Missouri, ordinances or Code Sections, but in the absence
of same, then with Section 542.301, RSMo.
f.
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.
g.
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.
h.
A search 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.
2.
Return.
a.
After the execution of the search 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.
[Bill No. 2008-16(570.010) §1, 5-5-2008]
A.
A search
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 Section 130.340(A)(2) hereof;
4.
If it was not issued with respect to property or places in the City
of Chaffee, Missouri;
5.
If it does not describe the property or places to be searched, inspected,
entered upon, seized or upon which action is to be taken 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.
