(A) Hearing and procedure.
(1) The Municipal Judge shall hold a non-adversarial hearing to determine whether probable cause exists to inspect or search for violations of any ordinance or code section, or to enforce any such ordinance or code section.
(2) 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 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.
(3) 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.
(4) The warrant shall issue in the form of an original and two copies, and the application, any supporting affidavit and one 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 the city;
(3) State the time and date the warrant was issued;
(4) 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;
(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 any property seized pursuant thereto, or a description of such property seized, be returned, within ten days after filing of the application, to the Municipal Judge who issued the warrant, to be dealt with according to law; and
(6) Be signed by the judge, with his or her title of office indicated.
(C) Execution and return. A search warrant issued under this subchapter shall be executed only by a city police officer; provided, however, that one 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) If any property is seized incident to the search:
(a) 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 working days of the search; and
(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 RSMo. § 542.301.
(4) 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.
(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 or she 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 days after the date of the making of the application.
(D) Return of warrant.
(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.
(Ord. 340, passed 3-5-2005)