[Ord. No. 316 §2(115.010), 1-11-1979]
There is hereby established in this City a Municipal Court to
be known as the "Velda City Municipal Court, a Division of the Circuit
Court of St. Louis County, State of Missouri". This Court is a continuation
of the Municipal Court of the City as previously established.
[Ord. No. 316 §2(115.020), 1-11-1979]
A.
The
Mayor shall appoint with the approval of a majority of the members
of the Board of Aldermen a Municipal Judge and a Clerk of the Municipal
Court and such other non-judicial personnel as may be required for
effective administration of the Court's business. The Municipal Judge
shall hold his/her office for a period of two (2) years and shall
take office bi-annually from January 2, 1979. The Mayor shall have
the power to designate a competent, eligible and qualified person
to hold the office of Provisional Judge, who shall act in case of
the disqualification, absence, sickness, disability or other incapacity
of the Municipal Judge.
B.
The
Municipal Judge and the Provisional Judge will each meet the following
qualifications:
1.
Must be between the ages of twenty-one (21) and seventy-five (75)
years.
2.
Must be a resident of the State of Missouri, but need not be a resident
of Velda City.
3.
Must be an attorney at law, licensed by the Missouri Supreme Court
and qualified to practice law within the State of Missouri.
4.
Must not hold any other office of Velda City, though they may hold
other or similar offices in other municipalities.
[Ord. No. 316 §2(115.030), 1-11-1979]
A.
If
for any reason a Municipal Judge vacates his/her office, his/her appointed
successor shall complete that term of office even if the same be for
less than two (2) years. The Municipal Judge shall vacate his/her
office under the following circumstances:
[Ord. No. 316 §2(115.040), 1-11-1979]
A.
The
Board of Aldermen shall set the compensation for the Municipal Judge,
Provisional Judge and Court Clerk and other non-judicial personnel
by ordinance.
B.
The
Board of Aldermen shall provide a Court room at the expense of the
City suitable for the holding of the sessions of Court.
C.
The
Municipal Judge shall determine the day and time at which sessions
of the Municipal Court shall be convened in the Court room.
[Ord. No. 316 §2(115.050), 1-11-1979]
The Municipal Judge shall be a conservator of the peace within
the City boundaries. He/she shall have original jurisdiction to hear
and determine violations against the City ordinances. He/she shall
exercise generally the powers, duties and jurisdiction as set forth
in the Revised Statutes of Missouri, Supreme Court Rule 37 and the
City ordinances. All decisions and orders of the Municipal Judge and
all matters before the Municipal Court shall be governed by the procedural
and substantive law of the Revised Statutes of Missouri, Supreme Court
Rule 37 and case law applicable to the Missouri Courts.
[Ord. No. 316 §2(115.060), 1-11-1979]
The Municipal Court of the City shall be subject to the rules
of the Circuit Court of St. Louis County and to the rules of the Missouri
State Supreme Court. The Municipal Court shall be subject to the general
administrative authority of the Presiding Judge of the Circuit Court
of St. Louis County and the Municipal Judge and Municipal Court personnel
shall obey the directives of the Presiding Judge.
[Ord. No. 316 §2(115.070), 1-11-1979]
The Municipal Judge shall keep the docket in which he/she shall enter every case commenced before him/her and record the proceedings thereon. He/she shall keep such other records as are required by the Circuit Court of St. Louis County and the Missouri Supreme Court. All dockets and records kept shall be the records of the Circuit Court of St. Louis County. Upon leaving office the Municipal Judge shall deliver the dockets and the records of the Municipal Court, and all other books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit Court of St. Louis County. In addition to the foregoing for each month that the Municipal Judge holds office, he/she shall cause the Court Clerk to prepare a report of the Court proceedings for that month for delivery to the City Clerk for presentation to the Mayor and the Board of Aldermen at a regular monthly meeting; said monthly report to provide the information set forth in Section 125.100 of this Chapter.
[Ord. No. 316 §2(115.080), 1-11-1979]
A.
The
Municipal Judge shall be and is hereby authorized to:
1.
Administrate oaths and enforce due obedience to all orders, rules
and judgments made by him/her, and may fine and imprison for contempt
committed before him/her in Court in the same manner and to the same
extent as a Circuit Judge.
2.
Make and adopt such rules of practice and procedure as are necessary
to implement and carry out the provisions of this Chapter and to make
and adopt such rules of practice and procedure as are necessary to
hear and decide matters pending before the Municipal Court and to
implement and carry out the provisions of the Missouri Rules of Practice
and Procedure in Municipal Courts. Any and all rules made or adopted
hereunder may be annulled or amended by the Board of Aldermen by an
ordinance limited to such purpose; provided that such ordinance does
not violate or conflict with the provisions of the Missouri Rules
of Practice and Procedure in Municipal Courts or State Statutes.
3.
To summon and subpoena all persons whose testimony may be deemed
essential as witnesses at the trial of a violation; and to enforce
their attendance by attachment if necessary. When a trial shall be
continued by the Municipal Judge it shall not be necessary to resummon
or resubpoena any witnesses who may be present at the time of the
continuance if the Municipal Judge shall orally notify such witnesses
to attend before him/her on the new date set for trial to testify
in the case. The Municipal Judge shall enter the names of any such
witnesses so orally notified on his/her docket and such oral notice
shall be as valid as a summons or subpoena.
4.
To immediately stop all further proceedings before him/her if it
shall appear to him/her that the defendant ought to be put upon trial
for an offense against the criminal laws of the State of Missouri
and not cognizable before the Municipal Court, and to cause the complaint
to be made before an Associate Circuit Judge of St. Louis County.
5.
To enter a judgment and sentence of imprisonment against a convicted
defendant in the Municipal Court; and if in the opinion of the Municipal
Judge the City has no suitable and safe place of confinement, the
Municipal Judge may commit the defendant to the St. Louis County Jail
and to the custody of the Sheriff of St. Louis County of the St. Louis
County Department of Welfare, if space for the prisoner is available
in the County Jail, who upon receipt of a warrant of commitment from
the Municipal Judge shall safely receive and keep said prisoner/ defendant
until discharged by due process of law. The City shall pay the board
of such defendant/prisoner at the same rate as is regularly allowed
to such Sheriff or department for the keeping of such prisoners in
its custody.
6.
To suspend the imposition of sentence.
7.
To temporarily or permanently stay execution of all or part of any
sentence of imprisonment or fine.
8.
Waive all or part of the Court costs assessed in a particular case.
9.
Make use of public or private probation program of his/her choice
for the referral of defendants for any of the following purposes:
to make recommendations for sentencing after conducting a background
investigation of the defendant; to enroll the defendant in a counseling
program or short-term educational program appropriate to the offense
for which the defendant has been charged; to supervise defendants
placed on probation by the Municipal Judge; and for such other purposes
as the Municipal Judge may direct.
10.
To have and exercise such other powers, duties and privileges as
are or may be necessary to perform his/her function and as are prescribed
by the laws of the State of Missouri, the rules of the Missouri Supreme
Court, this Chapter and the other ordinances of this City.
A.
Any
Judge hearing violations of municipal ordinances may, when in his/her
judgment it may seem advisable, grant a parole or probation to any
person who shall plead guilty or who shall be convicted after a trial
before such Judge. When a person is placed on probation he/she shall
be given a certificate explicitly stating the conditions on which
he/she is being released.
B.
In
addition to such other authority as exists to order conditions of
probation, the court may order conditions which the court believes
will serve to compensate the victim of the crime, any dependent of
the victim, or society in general. Such conditions may include, but
need not be limited to:
C.
A person
may refuse probation conditioned on the performance of free work.
If he/she does so, the Court shall decide the extent or duration of
sentence or other disposition to be imposed and render judgment accordingly.
Any County, City, person, organization, or agency, or employee of
a County, City, organization or agency charged with the supervision
of such free work or who benefits from its performance shall be immune
from any suit by the person placed on parole or probation or any person
deriving a cause of action from him/her if such cause of action arises
from such supervision of performance, except for intentional torts
or gross negligence. The services performed by the probationer or
parolee shall not be deemed employment within the meaning of the provisions
of Chapter 288, RSMo.
D.
The
Court may modify or enlarge the conditions of probation at any time
prior to the expiration or termination of the probation term.
[Ord. No. 316 §2(115.090), 1-11-1979]
A.
The
duties and authority of the Municipal Court Clerk shall be as follows:
1.
To take oaths and affirmations.
2.
To have complaints signed and sworn to in his/her presence.
3.
To sign and issue warrants, commitments to jail and subpoena.
4.
To establish the amount of bail and admit to bail.
5.
To accept the appearance, waiver of trial and plea of guilty from
defendants at the Traffic Violations Bureau.
6.
To accept the payment of fines and Court costs at sessions of Court
and at the Traffic Violations Bureau.
7.
To maintain a complete copy of the ordinances of Velda City, certified
by the City Clerk, which shall constitute prima facie evidence of
such ordinances before the Municipal Court.
8.
To prepare and provide to the City Clerk by the tenth (10th) day
of each month a confidential sworn report by the affidavit of the
Court Clerk of the Municipal Court of all defendants cases heard or
tried by the Municipal Judge during the preceding month. The City
Clerk shall in turn present said report to the Mayor and the Board
of Aldermen at its first (1st) session thereafter. The report shall
consist of:
9.
Perform all other duties as provided for the Municipal Court Clerk
to perform by this Chapter, other ordinances of Velda City, Rules
of the Missouri Supreme Court or local rules adopted by the Municipal
Judge, and the laws of the State of Missouri; and to perform such
other duties as directed from time to time in writing by the Municipal
Judge.
[Ord. No. 316 §2(115.100), 1-11-1979]
The Municipal Judge shall establish a Traffic Violations Bureau in accordance with Section 479.050, RSMo., if requested by either the Mayor or the Board of Aldermen; otherwise the establishment of a Traffic Violations Bureau shall be at the option of the Municipal Judge. Court costs in amounts set under Section 125.130(A) shall also be collected for violations paid in the Traffic Violations Bureau, whenever the Municipal Judge has so designated their collection for the particular violation.
[Ord. No. 316 §2(115.110), 1-11-1979]
A.
Disqualification. The Municipal Judge shall be disqualified
from hearing a case:
1.
On his/her own motion if in any way he/she has an interest in the
result of the case, or
2.
Upon affidavit filed before trial begins by either the defendant
or the prosecutor stating that they cannot have a fair and impartial
trial by reason of the interest, bias or prejudice of the Municipal
Judge. Neither the prosecutor nor the City may file more than one
(1) such affidavit in the same case.
B.
Right To Jury Trial. Any person charged with the violation
of a municipal ordinance of this City shall be entitled to a trial
by jury, in the same manner as in prosecution for misdemeanors before
an Associate Circuit Judge of St. Louis County. Whenever a defendant
accused of a violation of a municipal ordinance demands trial by jury,
the Municipal Court shall certify the case to the Presiding Judge
of the Circuit Court of St. Louis County for reassignment and hearing.
C.
Appeals (Trial De Novo). In all cases tried before the Municipal
Judge on a plea of not guilty wherein the defendant is found guilty
after said trial, the defendant shall have the right of appeal for
a trial de novo in the Circuit Court of St. Louis County. An application
for trial de novo shall be filed and perfected within ten (10) days
after judgment on such form and in such manner as provided by Missouri
Supreme Court Rules.
[Ord. No. 316 §2(115.120), 1-11-1979; Ord. No. 351 §2, 10-15-1980; Ord. No. 552 §§1 — 2, 9-12-2001; Ord. No. 661 §1, 7-10-2013; Ord.
No. 706, 12-12-2018; Ord. No. 817, 5-10-2023]
A.
In addition to any fine that may be imposed by the Municipal Judge,
there shall be assessed as costs in all cases as follows:
1.
Costs of Court in the amount of twelve dollars ($12.00) in all
cases.
2.
There shall be assessed to each defendant who pleads guilty,
or is found guilty, an additional Court cost in the amount of three
dollars ($3.00) for the Police Officer Standards and Training Commission
Fund, except as set forth herein:
a.
Provided that no such fee shall be collected for violations
of fish and game regulations; and
b.
Provided that no such fee shall be collected in any proceeding
in any Court when the proceeding or defendant has been dismissed by
the Court.
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Two dollars ($2.00) of the three dollars ($3.00) shall be transmitted
monthly to the Treasurer of the City, to be used locally for training
Law Enforcement Officers.
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One dollar ($1.00) of the three dollars ($3.00) shall be deposited
into the Peace Officer Standards and Training Commission Fund, to
be used statewide for the training of Law Enforcement Officers. Check
should be made payable to the "Treasurer of the State of Missouri,"
on or before the 15th day of each month.
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3.
There shall be assessed to each defendant who pleads guilty,
or is found guilty, an additional Court cost for the Domestic Violence
Fund in the amount of two dollars ($2.00) which may be waived by the
Court if the Judge finds the defendant indigent and unable to pay
such cost. Such cost shall be collected by the Clerk of the Court
and disbursed by the Council for the purpose of providing operating
expenses for shelters for battered persons, as defined in Sections
455.200 to 455.230, RSMo.
4.
There shall be assessed to each defendant who pleads guilty,
or is found guilty, in each case filed in the City of Normandy Municipal
Court, for violation of any ordinance of this City, an additional
surcharge for the Crime Victims' Compensation Fund, in the amount
of seven dollars and fifty cents ($7.50), provided that no such fee
shall be collected in any proceeding when the proceeding or the defendant
has been dismissed by this Court. Such surcharge shall be collected
by the Clerk of the Court. All sums collected pursuant to this Subsection
shall be distributed as follows:
5.
Judicial Education Fund and an Appointed Counsel Fund are both
hereby established. A fee of one dollar ($1.00) pursuant to the provisions
of Section 479.260, RSMo., shall be collected in all cases, except
where the proceeding is dismissed by the Court or when the costs are
to be paid by the City. All fees collected pursuant to this Subsection
shall be transmitted monthly to the Treasurer of the City and shall
be allocated between the Judicial Education Fund and the Appointed
Counsel Fund in a manner determined by the Municipal Court.
a.
All funds collected pursuant to this Subsection and retained
in the Judicial Education Fund shall be used only to pay for:
(1)
The continuing education and certification required
of the Municipal Judges by law or Supreme Court Rule; and
b.
Judicial education and training for the Court Administrator
and Clerks of the Municipal Court; and the Municipal Court shall not
retain more than one thousand five hundred dollars ($1,500.00) in
the Judicial Education Fund for each Judge, Administrator or Clerk
of the Municipal Court. Any excess funds shall be transmitted quarterly
to the General Revenue Fund of the City's Treasury.
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All funds collected pursuant to this Subsection and retained
in the Appointed Counsel Fund shall be used only to pay the reasonable
fees approved by the Court for the appointment of an attorney to represent
any defendant found by the Judge to be indigent and unable to pay
for legal representation, and where the Supreme Court Rules or the
law prescribes such appointment. The Municipal Court shall not retain
more than five thousand dollars ($5,000.00) in the Appointed Counsel
Fund. Any excess funds shall be transmitted quarterly to the General
Revenue Fund of the City's Treasury.
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6.
A fee of two dollars ($2.00) pursuant to Section 488.5026, RSMo.,
in all cases except where the proceeding is dismissed by the Court,
in order to develop and maintain biometric identification systems
and for other prisoner expenses. All fees collected pursuant to this
Subsection shall be transmitted monthly to the Finance Director of
the City of Normandy, who shall deposit funds generated by the surcharge
into the Inmate Prisoner Detainee Security Fund.
7.
There shall be assessed as costs a surcharge in the amount of
one hundred dollars ($100.00) on all petitions for expungement filed
under the provisions of Section 610.140, RSMo., in the Municipal Court.
Such surcharge shall be collected and disbursed by the Clerk of the
Court as provided by Sections 488.010 to 488.020, RSMo. Moneys collected
from this surcharge shall be payable to the City's General Fund.
8.
In the event that the General Assembly repeals the Statute authorizing
the assessment of the costs, fees, miscellaneous charges, or surcharges
described in this Section or a contrary rule, order or directive is
issued by the Circuit Court or Missouri Supreme Court, the Clerk of
the Municipal Division shall cease collecting such costs, fees, miscellaneous
charges, or surcharges so affected.
9.
In the event that a Court of competent jurisdiction enters a
final judgment that any of the costs, fees, miscellaneous charges,
or surcharges described in this Section are unconstitutional, unauthorized,
or are not to be assessed on cases filed in the Municipal Divisions
of Courts of this State, the Clerk of the Municipal Division shall
cease collecting such costs, fees, miscellaneous charges, or surcharges
so affected.
[Ord. No. 316 §2(115.130), 1-11-1979]
On or before the tenth (10th) day of each month the fines and
costs collected at Court sessions and Traffic Violations Bureau from
the preceding month shall be paid over and deposited to the City Treasurer
to the credit of the General Revenue Fund if they have not earlier
been paid.
[CC 1974 §115.150; Ord. No. 164 §15, 5-4-1972]
A.
The
defendant shall, upon arrest, be entitled and admitted to bail by
sufficient surety or sureties or cash bond in a reasonable amount:
1.
By the Municipal Judge or by the Clerk or Deputy Clerk thereof, if
the Judge is absent or if the Court is not in session, or when so
authorized or directed by the Judge.
2.
By the Mayor, if the Judge, Clerk and Deputy Clerk are absent, or
if the Court is not in session.
3.
By the Chief of Police or any Police Officer having custody of the
defendant, when the amount of bail is endorsed on the warrant of arrest
in the amount so specified, or when so authorized or directed by the
Judge.
B.
All
bail bonds shall be immediately deposited with the Clerk of the Municipal
Court who shall have exclusive custody and control of said bonds,
subject to the order of the Municipal Judge.
C.
The
Court Clerk shall maintain a separate escrow account for the deposit
and safeguarding of all cash bonds until final disposition by the
Municipal Judge.
D.
In connection with each bail bond deposited with the Court, there
is an administrative fee of ten dollars ($10.00) payable to the Municipal
Court. Said fee shall not be refunded upon final disposition of the
matter by the Municipal Judge.
[Ord. No. 666 §1, 12-11-2013]
E.
The copy charge for bail bond forms is fifteen dollars ($15.00).
[Ord. No. 666 §2, 12-11-2013]
[CC 1974 §115.160; Ord. No. 164 §16, 5-4-1972]
If in the progress of any trial before the Municipal Court,
it shall appear to the Judge that the accused ought to be put upon
his/her trial for an offense against the criminal law of the State,
he/she shall immediately stop all further proceedings before him/her
and shall cause complaint to be made before an Associate Circuit Judge
who shall proceed as in other cases cognizable before Associate Circuit
Judges.
[CC 1974 §115.170; Ord. No. 164 §17, 5-4-1972]
If the defendant pleads guilty or is found guilty, the Judge
shall declare and assess the punishment and render judgment accordingly.
It shall be part of the judgment that the defendant is then committed
to jail until the judgment is complied with; provided, that any person
so committed may be compelled to labor upon the streets, alleys, or
roads of the City or at such other labor as the Board of Aldermen
may provide in such manner and under such rules and regulations as
they may prescribe until the whole amount of such fine, penalty and
costs is worked out allowing to the defendant for each day he/she
shall so labor such sum as the Board of Aldermen may designate but
not less than fifty cents ($.50) per day. If defendant shall refuse
to work when so commanded, he/she may be punished in such manner as
the Board of Aldermen shall prescribe provided such punishment shall
not be cruel or excessive.
A.
A person
commits the offense of failure to appear in Municipal Court if:
1.
He/she has been issued a summons for a violation of any ordinance
of the City of Velda City, and fails to appear before the Judge of
the Municipal Court at the time and on the date on which he/she was
summoned, or at the time or on the date to which the case was continued;
2.
He/she has been released upon recognition of bond and fails to appear
before the Judge of the Municipal Court at the time and on the date
on which he/she was summoned, or at the time or on the date to which
the case was continued;
3.
He/she has been placed on Court supervised probation, and fails to
appear before the Judge of the Municipal Court at the time specified
by said Judge as a condition of the probation.
B.
Nothing
in this Section shall prevent the exercise of the Municipal Court
of its power to punish for contempt.
[Ord. No. 542 §1, 8-9-2000]
A.
Search Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the 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 prove
the existence of violations of any ordinance or Code Section of the
City relating to the use, condition or occupancy of property or structures
located within the City or to enforce the provisions of any such ordinance
or Code Section.
2.
The Municipal Judge, having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality, may
issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing to
be seized is located within the City at the time of the making of
the application, and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
official request by the City.
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 within the City limits and not elsewhere.
B.
Who May Apply For Warrant — Contents Of Application.
1.
Any Police Officer or an attorney of the City may make application
to a Municipal Judge for the issuance of an administrative search
warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
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;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized has been requested by the City
to allow such action and has refused to allow such action;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application, or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and that
any required due process has been afforded prior to the entry 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.
C.
Hearing and Procedure — Contents Of Warrant — Execution
And Return.
1.
Hearing and procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City ordinance or Code Section or to enforce any such ordinance
or Code Section.
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 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 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 for violations of any
City ordinance or Code Section or to enforce any such ordinance or
Code Section, 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.
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 that the officer executing
the warrant can readily ascertain it;
e.
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 any property seized pursuant thereto, or a
description of such property seized 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;
f.
Be signed by the Judge with his title of office indicated.
3.
Execution and return.
a.
A search warrant issued under this Section 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:
(1)
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.
(2)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(3)
(a)
(a) 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.
(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 search 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.
(4)
The officer may summon as many persons as he deems necessary
to assist him in executing the warrant and such persons shall not
be held liable as a result of any illegality of the search and seizure.
(5)
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 would be justified in using if the warrant were valid.
(6)
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.
b.
Disposition of return.
(1)
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.
(2)
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.
(3)
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.
(4)
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. 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;
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 Subsection (C)(1)(b) hereof;
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 making of the application.
