[R.O. 1998 § 130.100; Ord. No. 2191 §1, 4-3-2001; Ord. No. 2521 §1, 1-10-2008]
A.
A Judge of the Municipal Court of the City
of St. Ann, including a Provisional Judge, shall have the authority
to issue an administrative search warrant when the owner or occupant
of any property or place within the City has refused to allow such
property or place to be entered upon, inspected or searched or an
item of personal property to be seized or a public nuisance abated,
after request as hereinafter provided. Such warrant may authorize:
1.
Entry onto private property to inspect
or search to determine the existence of a violation of any City ordinance;
2.
The seizure of any item of personal
property, materials or substances that constitute evidence of violation
of any City of St. Ann ordinance; and
3.
Entry onto private property within
the City for the purpose of abating a public nuisance or other condition
relating to property within the City.
[R.O. 1998 § 130.105; Ord. No. 2191 §1, 4-3-2001]
A.
Any building department employee, in conjunction
with a prosecuting attorney for the City, 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 place to
be entered, inspected, searched or to be seized or nuisance to be
abated in sufficient detail and particularity that the person executing
the warrant can readily ascertain it;
4.
State that the owner or occupant
of the property or place to be entered, inspected, searched, seized
or nuisance abated has been requested by City building department
personnel to allow such action and has refused to allow same;
5.
State facts sufficient to show probable
cause for the issuance of a search warrant, to enter, inspect or search
for violations of a City ordinance specified in the application or
show that entry or seizure or abatement of a nuisance is necessary
to enforce an ordinance specified in the application;
6.
Be verified by the oath or affirmation
of the applicant; and
7.
Be signed by the applicant and filed
in the St. Ann Municipal Court.
C.
The application may be supplemented by
a written affidavit verified by oath or affirmation. Such affidavit
shall be considered by the Municipal Judge in determining whether
there is probable cause for the issuance of a search warrant and in
supplying any deficiency in the description of the property or place
to be searched or seized or on which the nuisance is to be abated.
Oral testimony shall not be considered.
[R.O. 1998 § 130.110; Ord. No. 2191 §1, 4-3-2001]
A.
Hearing And Procedure.
1.
The Judge shall hold a non-adversary
hearing to determine whether probable cause exists to enter, inspect
or search for violations of any City ordinance, to enforce any City
ordinance, to seize items or personal property or to abate a public
nuisance.
2.
The Municipal Judge shall determine
whether the application is reasonable in light of the facts stated
in the application or affidavits, if any, the purpose of any relevant
ordinance and shall consider such other factors as may be appropriate,
including but not limited to the physical condition or nature of the
specified property or place, the condition of the area in which the
property or place is located, the known violation of any City ordinance
and the passage of time since the property has been inspected. In
considering whether the warrant shall issue, factual knowledge of
an existing violation of a City ordinance is not required.
3.
If it appears from the application
and any supporting affidavit that there is probable cause to enter,
inspect or search, to seize items or to abate a public nuisance, a
warrant shall immediately be issued.
4.
The warrant shall issue in the form
of an original and two (2) copies. 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 be in the name
of the City;
2.
Be directed to any St. Ann Police
Officer, employee of the building department, or, in the case of a
warrant to abate a public nuisance, to an authorized City employee;
3.
State the time and date the warrant
is issued;
4.
Identify the property or places to
be entered upon, inspected, searched or seized or public nuisance
abated in sufficient detail and particularity that the party executing
the warrant can readily ascertain it;
5.
Command that the described property
or place be entered upon, inspected or searched, or seized, photographed
or copied, or that the public nuisance be abated and that any such
property, photograph or copy 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 indicated.
C.
Execution And Return.
1.
A search warrant issued under this
Article shall be executed by a St. Ann Police Officer or by a St.
Ann building official or building department employee. One (1) or
more City personnel may accompany the Officer and the warrant shall
be executed in the following manner:
a.
Such entry, inspection, search or
seizure or abatement of nuisance shall be made as commanded and shall
be executed as soon as practicable and in a reasonable manner.
b.
The Officer shall give the owner
or occupant of the property entered upon, inspected, searched or seized
or on which the abatement is made 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 such 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 receipt of any property seized shall be delivered to a Prosecuting
Attorney for the City promptly following the search.
d.
The disposition of property seized
pursuant to a search warrant under the provisions of this Article
shall be in accordance with an applicable City ordinance, or, in the
absence of same, in accordance with Section 542.301, RSMo.
e.
The Officer or building department
official or building department employee may summon as many persons
as is deemed necessary to assist in executing the warrant and any
such person shall not be deemed liable as a result of any illegality
of the search and seizure.
f.
A search warrant shall expire if
it is not executed and the required return made within ten (10) days
after the date of the application.
2.
After execution of the search warrant,
the warrant, with a return thereon signed by the Officer or person
making the search or seizure or performing the abatement shall be
delivered to the Municipal Court. The return shall show the date and
manner of execution and the name of the owner or party in possession,
when not the same person, if known, of the property or place searched
or seized or on which the abatement is made. The return shall be accompanied
by any photographs, copies or recordings made, and by any property
seized, together with a copy of the itemized receipt as required under
the provisions hereof.
3.
Upon request, the Court Administrator
shall deliver a copy of the return to the owner and person in possession,
when not the same person, of the property searched or seized.
