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Municipal Clerk Manual – Courts without JIS
Section/Rule:
2.11
Subject:
Chapter 2 - Pre-Trial/Trial Procedures
Publication / Adopted Date:
December 2012
Topic:
Adminstrative Warrant
Revised / Effective Date:
October 2017
Municipal Clerk Handbook
Courts Without JIS
Chapter 2 - Pre-Trial/Trial Procedures
2.11 – MUNICIPAL ADMINISTRATIVE SEARCH WARRANTS
References
Statutes:
56.08
5
,
542.261
,
5
42.27
1
,
5
42.27
6
,
542.2
81
,
5
42.286
,
542.29
1
,
5
42.296
and
542.30
1
, RSMo
Supreme Court Rules:
43.02(b
)
Court Operating Rule:
8.04.6
Publication: December 2012
Revised: October 2017
Introduction
AN ADMINISTRATIVE SEARCH WARRANT is a warrant issued by a judge on application of an administrative agency, peace officer or prosecuting attorney. Warrants for an administrative search can be issued for searches of dangerous or unsafe buildings, suspicion of drugs, danger to life, etc.
A peace officer or prosecuting or city attorney must submit a written application to the municipal judge to have a search warrant issued. The application must include a statement of probable cause (probable cause means the facts, circumstances and inferences drawn are sufficient to cause a person of reasonable caution to believe that the items or evidence subject to seizure are located in a particular place), supported by affidavit, detailing the actual or suspected property conditions – whether applicable to a specific property or in general – that justify entry. In most cases, the statement would be prepared by the city’s code enforcement officer with the assistance of the city’s attorney and/or prosecuting attorney.
Note:
See Court Operating
Rule
8.04.6
, Records Retention and Destruction, for information regarding court requirements for retention and destruction of search warrant records.
If the judge finds facts that establish probable cause to believe that a code violation may exist, the judge shall sign the warrant and authorize the requested entry. The peace officer then has 10 days to execute the warrant. The search warrant shall be executed by conducting the search and seizure commanded. The officer making the search must also prepare a return, and include a report of the property that was searched and/or seized. A receipt for any property seized must accompany this report. A copy of the warrant and an itemized receipt of the property taken must be provided to the person from whose possession it is taken. If no person is present, a copy must be left at the site of the search in a conspicuous place.
Clerk’s Duties/Procedures
1. Date file stamp (See
SCR
43.02(b
)
the application for an administrative search warrant and any accompanying affidavit upon receipt.
Note:
The person submitting the application and affidavit may file the original documents or may submit them to the clerk by facsimile or other electronic means. (
Section
542.276
, RSMo
)
2. Initiate a new case following your local procedures for initiating a case with the court.
3. Use the file stamp date of the administrative search warrant as the case filing date.
4. Indicate that the warrant being requested is an administrative search warrant.
5. Immediately forward the application completed by the prosecuting attorney or code enforcement officer to the judge for review and determination.
6. Maintain applications, any administrative warrants issued or denied, any accompanying documentation in a confidential file folder.
Note:
Although it is not specifically addressed in statutes or Supreme Court Rules, it is recommended that administrative search warrants and the accompanying documentation be maintained confidentially until the search warrant is returned. Consult local court rules or the judge to ensure compliance with local practice.
7. Clerk should keep all the original "evidence" (photos, information from the recorder of deeds) and a copy of the signed warrant itself until such time the original is returned by the officer.
8. A copy of the evidence and the original signed warrant should be given to the officer for service.
Note:
Maintain any applications, search warrants issued and executed, and any accompanying documentation in accordance with local court rules.
Application Denied
1. Make a notation in the file or on the backer sheet of the final disposition for any applications denied.
Administrative Search Warrant Issued
1. If the application is approved by the judge, issue an administrative search warrant.
Note:
The judge may issue the warrant as an original document or by facsimile or other electronic means. (Section
542.276
, RSMo)
2. Obtain the judge’s signature on the search warrant.
3. File a copy of the search warrant in the l file folder.
4. Forward the search warrant to the appropriate law enforcement official for execution by a peace officer.
Note:
Any person or property seized must be photographed or copied and filed with the municipal court within 10 days after filing the warrant application.
5. Maintain any applications, accompanying documentation and administrative search warrants issued as confidential for up to 10 days after application or until the search warrant has been served, whichever comes first.
Return of Service
1. Date file stamp (See
SCR
43.02(b
)
) the search warrant return and itemized receipt or inventory upon receipt.
2. Make a notation in the file or on the backer sheet of the return of service date and any relevant details regarding the inventory acquired by the search and seizure and manner of execution.
3. File the documents in the file folder.
Note:
Any search warrants issued and executed, the related applications and accompanying documentation should be maintained in accordance with local court rules or practice.
Request for Subsequent/Supplemental Search
Note:
A subsequent/supplemental search may be requested only if the original administrative search warrant was executed within 10 days of issuance. If the original administrative search warrant expired before it was executed, a new search warrant must be requested.
1. Make a notation in the file or on the backer sheet of the subsequent/supplemental search warrant issued.
2. Make a notation in the file or on the backer sheet of any relevant details regarding the inventory acquired by the search and seizure and manner of execution.
3. File the documents in the confidential file folder.
Request for Receipt/Inventory Made
1. Date file stamp (See
SCR
43.02(b
)
) any request for a copy of seized property receipt or inventory.
2. Pull the confidential file folder containing search warrants.
3. Prepare and provide a copy of the itemized receipt or inventory to the person possessing the property taken or the applicant of the search warrant.
4. Make a notation in the file or on the backer sheet of any relevant details regarding
who requested copies and how the copies were provided.
5. File the documents in the confidential file folder.
6. Enter a final disposition on the backer sheet or in the case file, if the case is disposed.
7. File the confidential file folder with other confidential files.
Ordinance Violation Charges Filed
1. If the prosecuting attorney, based on the results of the administrative search warrant files a charge against the defendant, proceed with new case initiation.
2. The administrative search warrant, application, or any additional documentation may be placed in the initiated case file or filed in accordance with local practice.
3. File the case initiated with other pending case files, as appropriate.
4. Continue with appropriate case processing.