Municipal Clerk Manual – Courts with JIS - Chapter 2 - Pre-Trial/Trial Procedures: Adminstrative Warrant

Clerk Handbooks

Municipal Clerk Manual – Courts with 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 with JIS
Chapter 2 - Pre-Trial/Trial Procedures

2.11 – MUNICIPAL ADMINISTRATIVE WARRANTS

References
Statutes: 56.085, 542.261, 542.271, 542.276, 542.281, 542.286, 542.291, 542.296 and 542.301, RSMo
Supreme Court Rules: 43.02(b)
Court Operating Rule: 8.04.6
Publication: December 2012
Revised: October 2017

Introduction

AN ADMINISTRATIVE 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. Administrative agencies with enforcement power (such as the city and/or law enforcement agency of the local municipality) often seek administrative warrants to check for contraband or other evidence of non-compliance with the laws set forth by the municipality.

A local police officer, code enforcement officer, or prosecuting or city attorney must submit a written application to the municipal judge to have a 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.

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, the judge shall sign the warrant and authorize the requested entry. The enforcement officer then has 10 days to execute the warrant. The police and enforcement officer must inspect the property, record or seize appropriate property as evidence, all as directed by the terms of the search warrant. The police and enforcement officer must also prepare a return, and include in a report the property that was searched and/or seized. A receipt for any property seized must accompany this report. A copy must also be provided to the owner. If the owner is unavailable, a copy must be left at the site of the search in a conspicuous place.

Clerk’s Duties/Procedures

REMINDER: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Note: To identify all warrants issued on a specific case, person or within a specific date range, access the Warrant Inquiry form (CWIWRNT). (SeeWarrant Inquiry Form (CWIWRNT) in GOLD)

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. CMAINIT – Custom Case Initiation Maintenance (See Case Initiation (CMAINIT) Procedures in GOLD)

2.1 Complete new case initiation procedures.

Use the case type code NZ – Search Warrant/Invst Sbpna.

Note:

This will automatically raise the case security level to a 6.

2.2 In the case description:

Use SW to indicate the case is an administrative search warrant (e.g. SW Blue Van or SW 123 Main Street, My Town, Missouri).

Note:

This allows for easier system searching.

Use the file stamp date of the administrative search warrant as the case filing date.

2.3 Click on the Parties tab.

Use party type OTH – Other, to indicate a person/company.

Use party type TRAC – Tract, to indicate a location being searched, entering a last/first name or non-person associated to the address.

Use party type FAC – Facility, to indicate a premise being searched, entering a last/first name or non-person associated to the address.

2.4 Click on the Short Docket tab. Verify the following docket codes have been added:

ASRCH – Req for Search Warrant Filed

DOTFP – Other Final Disposition

2.5 Save the automatic docket codes.

3. Immediately forward the application completed by the prosecuting attorney or code enforcement officer to the judge for review and determination.

4. 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.

5. 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.

6. A copy of the evidence and the original signed warrant should be given to the officer for service.

Application Denied

1. If the application for an administrative search warrant is denied, the case should be lowered to a security level 2 and remain open to the public unless made confidential by local court rule. Consult the judge to ensure compliance with local practice.

2. CDACASU – Custom Case Information Update (See Procedures: Initiating in GOLD)

2.1 Adjust the case security level to a level 2.

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Enter the following docket code for any applications denied.

ODENY – Order - Denied

Note:

See the appropriate section below for procedures which reflect your situation.

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.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 Use the following docket code to indicate the administrative search warrant was ordered:

OSEWA – Search Warrant Ordered

3. CZAMSER – Custom Mass Service Document Entry (See Procedures: Issuing a Service Document(s) in GOLD)

3.1 Use the following document code to indicate the issuance of a search warrant:

SWAR – Search Warrant

3.2 Use the following docket code:

SISWI – Search Warrant Issued

4. CZRLMRG – Custom Letter Merge (See Word Interface Topics in GOLD)

4.1 Verify that the document code used on

Custom Mass Service Document Entry (CZAMSER)

carries forward.

5. Obtain the judge’s signature on the search warrant generated.

6. File a copy of the search warrant in the confidential file folder.

7. 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.

8. 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. Once the 10 days has elapsed or service has been made the security level will be lowered to a 2.

Return of Service

1. Date file stamp (See SCR 43.02(b)) the search warrant return and itemized receipt or inventory upon receipt.

2. COADTRA – Custom Service Document Tracking Maintenance (See Procedures: Tracking a Service Document in GOLD)

2.1 Use one of the following docket codes, as appropriate:

SSWS – Warrant Served, if search warrant was executed.

SSWR – Warrant Recalled/Withdrawn, if search warrant was not executed and returned within 10 days of issuance or is recalled or withdrawn by the court.

2.2 Use the appropriate reason code associated to the docket code used:

SERV – Warrant Served, if the search warrant was executed.

SWEX – Search Warrant Expired, if search warrant was not executed but returned within 10 days of issuance.

SSWRI – Search Warrant Rtrn & Inventory

2.3 Enter into service text any relevant details regarding the inventory acquired by the search and seizure and manner of execution.

3. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

3.1 Enter into docket text for the SSWRI, SERV or SWEX docket code entered any relevant details regarding the inventory acquired by the search and seizure and manner of execution.

4. CDACASU – Custom Case Information Update (See ProceduresInitiating in GOLD)

4.1 Adjust the case security level in the Case Security field as appropriate.

5. File the documents in the file folder.

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. CDADOCT – Custom Docket Association Entry (See ProceduresDocket Entry in GOLD)

1.1 Use the following docket code to indicate that a subsequent/supplemental search warrant was issued:

SRSWI – Search Warrant Requested

1.2 Enter into docket text any relevant details regarding the inventory acquired by the search and seizure and manner of execution.

2. 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. CDICASE – Case Query (SeeCase Query (CDICASE) in GOLD)

2.1 Query JIS for a search warrant case.

3. Pull the confidential file folder containing search warrants.

4. 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.

4.1

CDADOCT – Custom Docket Association Entry

(See Procedures: Docket Entry in GOLD)

Use the docket code – FREQ – Request Filed, to indicate copies requested.

4.2 Enter into docket text any relevant details regarding who requested copies and how the copies were provided.

5. File the documents in the confidential file folder.

6. Enter final disposition if the case is disposed.

7. File the confidential file folder with other confidential files.

Ordinance Violation Charges Filed

1. CMAINIT – Case Initiation Maintenance (See Case Initiation (CMAINIT) Procedures in GOLD)

1.1 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. CDARELC – Related/Consolidated Case (See Procedures:Relating Cases in GOLD)

2.1 Relate the original search warrant or investigative subpoena case to the new case initiated.

2.2 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.