[Ord. No. 1228 §II, 6-18-2001]
Since the Missouri Supreme Court has authorized municipal administrative
search warrants and the City has determined that same is necessary
for the public health and welfare to assist the City in enforcing
its ordinances relating to housing, zoning, health and safety, administrative
search warrants may be issued under the provisions of this Chapter.
[Ord. No. 1228 §II, 6-18-2001]
An "administrative search warrant" is a written
order of the judge of the Bowling Green Municipal Division of the
Circuit Court of Pike County, Missouri, 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 said City or to enforce
the provisions of any such ordinance or Code Section.
[Ord. No. 1228 §II, 6-18-2001]
A.
The
judge of the Bowling Green Municipal Division of the Pike County Circuit
Court having original and exclusive jurisdiction to determine violations
against the ordinances of the municipality may issue an administrative
search warrant when:
1.
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
2.
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 appropriate officers or employees of the City.
[Ord. No. 1228 §II, 6-18-2001]
Any such warrant shall be directed to the Chief of Police or
any other Police Officer or the Code Enforcement Officer of the City
and shall be executed by the Chief of Police or other Police Officer
or Code Enforcement Officer within the City limits and not elsewhere.
[Ord. No. 1228 §II, 6-18-2001]
A.
Any
Police Officer, Code Enforcement Officer or City Attorney for the
City of Bowling Green, Missouri, may make 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 has been requested by an appropriate
officer of the City 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 this Chapter, to:
a.
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
b.
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;
6.
Be verified by the oath or affirmation of the applicant;
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. 1228 §II, 6-18-2001]
A.
The
Municipal Judge shall hold a non-adversary ex parte hearing to determine
whether probable cause exists to inspect or search for violations
of any ordinance or Code Section or to enforce any ordinance or Code
Section.
B.
The
Municipal Judge shall determine whether the action to be taken 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 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 an 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
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 and any supporting affidavits and one (1) copy
of the warrant as issued shall be retained in the records of the Municipal
Court.
[Ord. No. 1228 §II, 6-18-2001]
A.
The
search warrant shall:
1.
Be in writing and in the name of the City of Bowling Green, Missouri;
2.
Be directed to any Police Officer or Code Enforcement Officer in
the City of Bowling Green, 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 particularity 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
the application to the Municipal Judge who issued the warrant to be
dealt with according to law;
6.
Be signed by the Judge with the title of his/her office indicated.
[Ord. No. 1228 §II, 6-18-2001]
A.
A search
warrant issued under this Chapter shall be executed only by the Chief
of Police, other Police Officer or Code Enforcement Officer of the
City of Bowling Green, Missouri; 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.
a.
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.
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 ordinance or
Code Section, but in the absence of same, then with Section 542.301,
RSMo.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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 and places searched or seized.
8.
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.
9.
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. 1228 §II, 6-18-2001]
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 this Chapter;
4.
If it was not issued with respect to property or places in the City
of Bowling Green;
5.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty;
6.
It if 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.
