[Ord. No. 1221 §1, 3-11-2002]
[Ord. No. 1221 §2, 3-11-2002]
A.
For
purposes of this Article, an "administrative search warrant" is hereby
defined as a written order of City's Municipal Judge 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 to prove the existence of
violations of any City ordinance relating to the use, condition or
occupancy of property or structures located within City or to enforce
the provisions of any such ordinance.
B.
City's
Municipal Judge, having the original jurisdiction to determine violations
of City ordinances, 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 City at the time of making application
for such administrative search warrant; and
2.
The owner or occupant of the property or place to be searched or
inspected or of the thing to be seized has refused to allow same after
request by a City Official with responsibility for enforcement of
said ordinances.
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 only within City's limits and not elsewhere.
[Ord. No. 1221 §3, 3-11-2002]
A.
Any
Police Officer or an attorney of 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 of places to be entered, searched, inspected
or seized in sufficient detail and with particularity so 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 City
to allow such action and has refused to allow such action;
5.
State facts sufficient to show probable cause for the issuance of the warrant as provided in above Section 125.350(B) to:
6.
Be signed and verified by the oath or affirmation of the applicant;
and
7.
Be filed in City's 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 an administrative
search warrant and in filing out any deficiencies in the description
of the property or place to be searched or inspected. Oral testimony
shall not be considered.
[Ord. No. 1221 §4, 3-11-2002]
A.
Hearing And Procedure.
1.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or to search for violations
of any City ordinance or to enforce any such ordinance.
2.
At such hearing, City's Municipal Judge shall determine whether the
action to be taken by City is reasonable in light of the facts presented.
The Municipal Judge shall consider the goals of the ordinance 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 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 any existing violation of a City ordinance.
3.
If it appears form the application and any supporting affidavit that
there is probable cause to inspect or to search for violations of
any City ordinance or to seize any property or to enforce any such
ordinance, 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 City;
3.
State the time and date the warrant was issued;
4.
Identify the property or places aid be searched, inspected or entered
upon and/or the property to be seized in sufficient detail and with
such 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 City ordinance violations found
therein or thereon, or 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 title of office indicated.
C.
Execution And Return.
1.
A search warrant issued pursuant to 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 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.
b.
The officer shall give the owner or occupant of the property searched,
inspected or entered upon a copy of the warrant.
c.
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 search warrant
under this Section shall be in accordance with applicable City ordinance,
but in the absence of same, then with Section 542.301, RSMo.
d.
The officer may summon as many persons as deemed necessary to assist
in executing the warrant and such person shall not be held liable
as a result of any illegality of the search and seizure.
e.
An officer making a search pursuant to an invalid warrant, the invalidity
of which is not reasonably apparent on its face, may use such force
as would be justified if the warrant was valid.
f.
A search warrant shall expire if it is not executed and the required
return not made within ten (10) days after the date of the making
of the application.
2.
Return.
a.
After execution of the search warrant, the warrant with a return
thereon signed by the officer making the search shall be delivered
to City's 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 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. 1221 §5, 3-11-2002]
A.
A search
warrant shall be deemed invalid:
1.
If it was not issued and signed by the Judge who issued it;
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 above Section 125.350(B);
4.
If it was not issued with respect to property or places in City;
5.
If it does not describe the property or places to be searched, inspected,
entered upon or seized with sufficient certainty and particularity;
or
6.
If it was not executed and the required return made within ten (10)
days after the date of the making of the application.
