[Ord. No. 603 §1, 9-11-2000; Ord. No. 745 §1, 5-9-2005]
A.
An
administrative search warrant is a written order of the Municipal
Judge permitting the entry of City Officials on or into private property,
structure or improvement, to enforce the City's housing, zoning, health
and safety regulations when government entry on or into such property
is otherwise authorized by Missouri law. A warrant may issue only
in conformance with this Article and only for the enforcement of the
City's housing, zoning, health and safety regulations, specifically:
B.
The
Municipal Judge having original and exclusive jurisdiction to determine
violations against the ordinances of the municipality may issue an
administrative warrant when:
C.
Any
such warrant shall be directed to the Chief of Police or any other
Police Officer of the City and shall be executed by the Chief of Police
or said Police Officer in conjunction with the Code Enforcement Officer
or other appropriate City Official within the City limits and not
elsewhere.
[Ord. No. 603 §1, 9-11-2000; Ord. No. 745 §1, 5-9-2005]
A.
Any
Code Enforcement Officer, Police Officer or attorney of the City may
make application to the Municipal Judge for the issuance of an administrative
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:
5.
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. The application may be submitted by facsimile or other
electronic means.
[Ord. No. 603 §1, 9-11-2000; Ord. No. 745 §1, 5-9-2005]
A.
Hearing And Procedure.
1.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
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 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, the passage of time since
the property's last inspection, and the authority authorizing government
entry onto private property. The standard for issuing a warrant need
not be limited to actual knowledge of an existing violation of a City
ordinance or Code Section.
3.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search the private property
for the enforcement of the City's housing, zoning, health and safety
regulations, 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;
2.
Be directed to any Police Officer in the City;
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 entered upon for
one (1) or more specified enforcement purposes as provided herein,
and identifying the regulation sought to be enforced, direct that
any evidence of any suspected ordinance violations be seized, recorded
or photographed, and a description of such property be returned within
ten (10) days after issuance of the warrant to the Clerk of the Municipal
Court 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.
Execution of warrant. A search warrant issued under
this Article shall be executed only by a City 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 may be issued by facsimile or other electronic means.
b.
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.
c.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant.
d.
Property seized.
(1)
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.
(2)
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.
(3)
The disposition of property seized pursuant to a 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.
e.
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.
f.
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.
g.
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 document requirements after execution of warrant.
a.
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.
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.
[Ord. No. 603 §1, 9-11-2000; Ord. No. 745 §1, 5-9-2005]
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;
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 issuance of the warrant.
