[R.O. 2008 §125.310; Ord. No. 6663 §1, 9-9-2002; Ord. No. 020-2005 §1, 9-14-2005]
A. Search Warrant Defined — Who May Issue, Execute.
1. 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 relating to the use, condition or occupancy
of property or structures located within the City or to enforce the
provisions of any such ordinance or Code Section of the Municipal
Code of the City of Louisiana.
2. The Municipal Judge, having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality, may
issue an administrative search warrant when:
a. The property or place to be searched or inspected or the thing to
be seized is located within the City at the time of the making of
the application, and
b. The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
official request by the City.
3. Any such warrant shall be directed to the Chief of Police or any
other Police Officer or Code Enforcement Officer of the City and shall
be executed by the Chief of Police or said Police Officer or said
Code Enforcement Officer within the City limits and not elsewhere.
B. Who May Apply For Warrant — Contents Of Application.
1. Any Police Officer, Code Enforcement Officer or an attorney of the
City may make application to the Municipal Judge for the issuance
of an administrative search warrant.
2. The application shall:
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 has been requested by the City
to allow such action and has refused to allow such action;
e. State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection
(C)(1) hereof, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or 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;
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 search warrant
and filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
C. Hearing And Procedure — Contents Of Warrant — Execution
And Return.
1. Hearing and procedure.
a. The Municipal Judge shall hold a non-adversary hearing to 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, 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 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 search 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 search warrant. The search warrant shall:
a. Be in writing and in the name of the City;
b. Be directed to any Police Officer or Code Enforcement 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 City ordinance violations found
therein or thereon, or any property seized pursuing thereto, or a
description of such property seized 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;
f. Be signed by the Judge with his/her title of office indicated.
3. Execution and return.
a. A search warrant issued under this Section shall be executed only
by a City Police Officer or Code Enforcement 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 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.
(2)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(3)
Property seized — receipt — disposition.
(a)
If any property is seized incident to the search, the officer
shall give the persons 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 search 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.
(4)
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.
(5)
An officer making a search pursuant to an invalid warrant, the
invalidity of which is not apparent on its face, may use force as
he/she would be justified in using if the warrant were valid.
(6)
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.
b. Warrant — return requirements.
(1)
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 Court.
(2)
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.
(3)
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.
(4)
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 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 goal 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.