City of Oakland, MO Article IV Administrative Search Warrant

Section 125.350 Administrative Search Warrant.

[Ord. No. 618 §1(17.50), 8-13-2001]

A. The Mayor or his/her designee may make application for the issuance of an administrative search warrant with respect to any property, building, structure, house, dwelling, apartment, condominium, business, mobile home, trailer or other place of commerce, industry or abode within the City of Oakland (hereinafter referred to collectively as "premises") to the Municipal Judge of the County Circuit Court for the City of Oakland who shall have authority to issue administrative search warrants for searches or inspections of the premises to determine the existence of violations of Chapters 205, 215, 230, 500, 505, 600, 605 and 610 of this Code. Warrants and searches are inspections made pursuant thereto shall conform to and be governed by the following provisions:

1. The application shall:

a. Be in writing;

b. State that consent to enter without a warrant has been requested and refused;

c. State the time and date of the making of the application;

d. Identify the property or places to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

e. State facts sufficient to show probable cause for the issuance of a search warrant to search for violations of Chapters 205, 215, 230, 500, 505, 600, 605 and 610 of this Code;

f. Be verified by the oath or affirmation of the applicant; and

g. Be filed in the Oakland Municipal Division of the St. Louis County Circuit Court.

2. The application shall be supplemented by written affidavits verified by oath or affirmation. Each affidavit shall be considered in determining whether there is probable cause for the issuance of an administrative search warrant and in filling out any deficiencies in the description of the property or places to be searched. Oral testimony shall not be considered.

3. The Judge shall hold a non-adversary hearing to determine whether sufficient facts have been stated to justify the issuance of a search warrant. If it appears from the application and any supporting affidavits that there is probable cause to inspect or search for violations of any of Chapters 205, 215, 230, 500, 505, 600, 605 and 610 of this Code, a search warrant shall immediately be issued to search for such a violation or violations. The warrant shall be issued in the form of an original and two (2) copies.

4. The application, each supporting affidavit and a copy of the warrant shall be retained in the records of the Municipal Court.

5. Search warrants issued under this Section shall:

a. Be in writing and in the name of the issuing authority;

b. Be directed to any Police Officer or deputy in the City;

c. State the time and date the warrant is issued;

d. Identify the property or places to be searched in sufficient detail and particularity that the officer executing the warrant can readily ascertain it;

e. Be limited to a search or inspection for violations of Chapters 205, 215, 230, 500, 505, 600, 605 and 610 of this Code;

f. Command that the prescribed property or places be searched and that any photographs of violations found thereof will therein be brought, within ten (10) days after filing of the application, to the Judge who issued the warrant, to be dealt with according to law; and

g. Be signed by a Oakland Municipal Judge, with his/her title of office indicated.

6. A search warrant issued under this Section may be executed only by a Police Officer or deputy of the City. The warrant shall be executed by conducting the search authorized. Duly authorized officials from the St. Louis County Department of Public Health or the Building Commissioner's office may accompany such Police Officer or deputy.

7. A search warrant shall be executed as soon as practicable and between the hours of 8:00 A.M. and 8:00 P.M., unless another time is specifically authorized by the Municipal Judge for good cause shown and shall expire if it is not executed and the return made within ten (10) days after the date the warrant is issued.

8. After execution of the search warrant, the warrant, with a return on it signed by the officer making the search, shall be delivered to the Judge who issued the warrant. The return shall show the date and manner of execution and the name of the possessor and of the owner, if known, of the property or places searched, when not the same person.

9. A search warrant shall be deemed invalid:

a. If it was not issued by a Judge of the Oakland Municipal Division of the St. Louis County, Missouri, Circuit Court;

b. If it was issued without a written application having been filed and verified;

c. If it was issued without probable cause;

d. If it was not issued with respect to property or places within the City;

e. If it does not describe the property or places to be searched with sufficient certainty;

f. If it is not signed by the Judge who issued it; or

g. If it was not executed within the time prescribed by Subsection (7) of this Section.

Section 125.360 Unlawful to Refuse Entry.

[Ord. No. 618 §1(17.51), 8-13-2001]

It shall be unlawful for any person to refuse entry or access to any building, structure, house, dwelling, apartment, condominium, business, mobile home, trailer or other place of commerce, industry or abode to any person to whom a search warrant has been issued authorizing inspection of any premises pursuant to the provisions of Section 125.350 of this Code.