[Ord. No. 17-5 § 1, 3-7-2017]
A. Search Warrant Defined — Who May Issue, Execute.
1.
An "administrative search warrant" is a written order of the
Municipal Judge permitting the entry of City Officials onto private
property to enforce the City's housing, zoning, health and safety
regulations when government entry onto such property is otherwise
authorized by Missouri law. A warrant may issue only in conformance
with this Section and only for the enforcement of the City's housing,
zoning, health and safety regulations, specifically:
a.
To inspect private property to determine or prove the existence
of physical conditions in violation of a specified regulation;
b.
To seize property or photograph, copy or record evidence of
property or physical conditions found thereon; and
c.
To abate such physical conditions.
2.
The Municipal Judge having original and exclusive jurisdiction
to determine violations against the ordinances of the municipality
may issue an administrative warrant when:
a.
The property to be entered upon is located within the City;
and
b.
The owner or occupant of the property or place to be entered
upon:
(1) Has refused to allow same after official request
by the City; or
(2) Is not available, after reasonable investigation
and effort, to consent to such search or inspection.
3.
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.
4.
Any such warrant shall not permit the entry of City Officials
into the residence or any accessory building of the property to be
searched, inspected or entered upon.
B. Who May Apply For Warrant — Contents Of Application.
1.
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.
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 upon, 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 upon, searched, inspected or seized:
(1) Has been requested by the City to allow such action
and has refused to allow such action; or
(2) Is not available, after reasonable investigation
and effort, to consent to such search or inspection.
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection
(C) of this Section, to:
(1) Search or inspect for violations of an ordinance
or Code Section specified in the application; or
(2) Show that entry upon the property or seizure is
authorized and necessary to enforce an ordinance or Code Section specified
in the application and/or abate an ordinance violation and that due
process has been afforded prior to the entry upon property 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 in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
4.
The application may be submitted by hand delivery, mail or facsimile
or other electronic means.
C. Determination Of Probable Cause — Issuance — Contents
Of Warrant — Execution And Return.
1.
Determination Of Probable Cause/Issuance.
a.
The Municipal Judge shall determine whether probable cause exists
to inspect or search for the purposes noted herein.
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, 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.
c.
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.
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.
e.
A search warrant shall expire if it is not executed within ten
(10) days after the date of the making of the application.
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 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 so that the officer
executing the warrant can readily ascertain it;
e.
Identify the regulation sought to be enforced;
f.
Command that the described property or places be entered upon
for one (1) or more specified enforcement purposes as provided herein,
including inspection or abatement;
g.
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;
h.
Be signed by the judge, with his or her title of office indicated.
3.
Execution. 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.
Copies of the warrant shall be given to the officer executing
the warrant. Copies may be transmitted by hand delivery, mail or by
facsimile or other electronic means.
b.
The warrant shall be executed by conducting the search, inspection,
entry upon property, abatement or seizure as commanded and shall be
executed as soon as practicable and in a reasonable manner but in
no more than ten (10) days from the date of issuance of the warrant.
c.
The officer may summon as many persons as he or she deems necessary
to assist him or her in executing the warrant, and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
d.
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant or shall
leave a copy of the warrant at the property if the owner or occupant
is not available.
e.
In the event that a warrant authorizes abatement of a nuisance
or other conditions, the Police Officer is not required to stay on
the property during the entire length of time that it takes for the
abatement to be completed.
4.
Itemized Receipt/Disposition Of Seized Property.
a.
If any property is seized incident to the search or abatement,
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 or abatement 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 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.
5.
Return Required After Execution Of Search 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.
D. Warrant Invalid, When.
1.
A search warrant shall be deemed invalid:
a.
If it was not issued by the Municipal Judge;
b.
If it was issued without a written application having been filed
and verified;
c.
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 Subsection
(C) hereof;
d.
If it was not issued with respect to property or places in the
City;
e.
If it does not describe the property or places to be searched,
inspected, entered upon or seized with sufficient certainty;
f.
If it is not signed by the judge who issued it; or
g.
If it was not executed within ten (10) days after the date of
the issuance of the warrant.
2.
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 or she would be justified in using if the warrant were valid.
E. External Search Warrants Only. Nothing in this Section shall be interpreted
as allowing the issuance of an administrative search warrant to inspect
and enter the interior of structures located upon any property.