[Ord. No. 8-17 §1, 7-30-2009]
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 thereof or therein to determine
or prove the existence of violations of any ordinance relating to
the use, condition or occupancy of property or structures located
within the City, or to enforce the provisions of any such ordinance.
B. The
Municipal Judge having original and exclusive jurisdiction to determine
violations against the ordinances of the municipality may issue an
administrative search warrant when 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 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.
C. Any
such warrant shall be directed to the Chief of Police or any other
Police Officer of the City of Farmington and shall be executed by
the Chief of Police or said Police Officer within the City limits
and not elsewhere.
[Ord. No. 8-17 §1, 7-30-2009; Ord. No. 8-17A §1, 10-11-2010]
A. Any
Police Officer or an Attorney of the City may make application to
the Municipal Judge for the issuance of an administrative search warrant.
B. The
application shall:
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 particularly 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 has been requested by the City
of Farmington to allow such action and has refused to allow such action;
5. State facts sufficient to show probable cause of the issuance of a search warrant, as provided in Section
125.340(A)(2) hereof, to search or inspect for violations of an ordinance or Code Section specified in the application or show that entry or seizure is authorized and necessary to enforce an ordinance 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.
[Ord. No. 8-17 §1, 7-30-2009]
A. Hearing And Procedure.
1. The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any ordinance, or to enforce any such ordinance.
2. 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 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 ordinance
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 an ordinance.
3. If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search for violation of any
ordinance or to enforce any such ordinance, a search warrant shall
be immediately issued.
4. The warrant shall issue in the form of an original and two (2) copies
and the application. Any supporting affidavit and 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 Farmington, Missouri;
2. Be directed to any Police Officer in the City of Farmington, Missouri;
3. State the time and date the warrant was issued;
4. Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularly that the officer executing
the warrant can readily ascertain it;
5. Command that the described property or places be searched or entered
upon, and that any evidence of any ordinance violations found therein
or thereon, or any property seized pursuant 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;
6. Be signed by the Judge, with his title of office indicated.
C. Execution And Return.
1. A search warrant issued under this Section shall be executed only
by a City of Farmington 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:
a. The warrant shall be executed by conducting the search, inspection,
entry or seizure as commanded and shall be executed as soon as practicable
in a reasonable manner.
b. The officer shall give the owner or occupant of the property searched,
inspected or entered up a copy of the warrant.
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.
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.
The disposition of property seized pursuant to a search warrant
under this Section shall be in accordance with an applicable ordinance,
but in the absence of same, then with Section 542.301, RSMo.
D. The
officer may summon as many persons as he deems necessary to assist
him in executing the warrant, and such persons shall not be held liable
as a result of any illegality of the search and seizure.
E. 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 would
be justified in using if the warrant were valid.
F. A search
warrant shall expire if it is not executed and the required return
made within (10) days after the date of making of the application.
G. 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.
H. 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.
I. 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 the seized property may be disposed of as provided herein, and
in such a case description of the property seized shall accompany
the return.
J. 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.
[Ord. No. 8-17 §1, 7-30-2009; Ord. No. 8-17A §1, 10-11-2010]
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
125.340(A)(2) 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 (10) days
after the date of the making of the application.