CHAPTER 125: MUNICIPAL COURT

ARTICLE I. GENERAL PROVISIONS

SECTION 125.010: COURT ESTABLISHED

There is hereby established in the City of Stockton a Municipal Court, to be known as the "Stockton Municipal Court, a Division of the 28th Judicial Circuit Court of the State of Missouri". In the event a Police Court existed prior to the establishment of a Municipal Court, this Court is a continuation of the Police Court of the City as previously established and is termed herein "The Municipal Court".

SECTION 125.020: JURISDICTION

The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.

SECTION 125.030: SELECTION OF MUNICIPAL JUDGE

The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 28th Judicial Circuit Court and shall be selected by appointment to the position by the Mayor with approval of a majority of the members of the Board of Aldermen for a term as specified herein.

SECTION 125.040: MUNICIPAL JUDGETERM OF OFFICE

The Municipal Judge shall hold his/her office for a period of two (2) years. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, even if the same be for less than two (2) years.

SECTION 125.050: MUNICIPAL JUDGEVACATION OF OFFICE

The Municipal Judge shall vacate his/her office under the following conditions:

1. Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12;

2. Upon attaining his/her seventy-fifth (75th) birthday; or

3. Should he/she fail to complete the course of instruction as required by Section 125.060 (7).

SECTION 125.060: MUNICIPAL JUDGEQUALIFICATIONS FOR OFFICE

The Municipal Judge shall possess the following qualifications before he/she shall take office:

.1. He/she need not reside within the City.

§ 125.060 Stockton City Code § 125.100

class=WordSection3>

.2. He/she must be a resident of the State of Missouri.

.3. He/she must be between the ages of twenty-one (21) and seventy-five (75) years.

.4. He/she may serve as a Municipal Judge for any other municipality.

.5. He/she may not hold any other office within the City Government.

.6. The Municipal Judge shall be considered holding a part-time position and as such may accept other employment.

7. Within six (6) months after selection for the position, each Municipal Judge who is not licensed to practice law in this State shall satisfactorily complete the course of instruction for Municipal Judges prescribed by the Supreme Court.

SECTION 125.070: SUPERINTENDING AUTHORITY

The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.

SECTION 125.080: REPORT TO BOARD OF ALDERMEN

The Municipal Judge shall cause the Court Clerk to prepare, within the first ten (10) days of every month, a report indicating the following:

A list of all cases heard or tried before the Judge during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of costs, the names of defendants committed, and the cases in which there was an application for trial de novo, respectively. The Court Clerk or the Judge shall verify such lists and statements by affidavit and shall file the same with the City Clerk, who shall lay the same before the Board of Aldermen of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding month, if not previously paid to the Municipal Treasurer.

SECTION 125.090: DOCKET AND COURT RECORDS

The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Cedar County. The Municipal Judge shall deliver said docket, records and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the Circuit.

SECTION 125.100: MUNICIPAL JUDGEPOWERS AND DUTIES GENERALLY

The Municipal Judge shall be and is hereby authorized to:

.1. Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.

.2. Administer 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 while holding Court in the same manner and to the same extent as a Circuit Judge.

.3. Stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.

.4. 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 and Traffic Courts.

.5. The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City.

SECTION 125.110: COMPENSATION

The Municipal Judge for the City of Stockton shall be paid a sum as fixed by ordinance from time to time.

SECTION 125.120: VIOLATIONS BUREAU

Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Clerk is hereby designated as the Violations Clerk for said Bureau, if established, and may appoint or designate such persons as are necessary to conduct said office.

SECTION 125.130: ISSUANCE AND EXECUTION OF WARRANTS

All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County. The warrants shall be executed by the Chief of Police, Police Officer or Sheriff at any place within the limits of the County and not elsewhere, unless the warrants are endorsed in the manner provided for warrants in criminal cases and, when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases.

SECTION 125.140: ARRESTS WITHOUT WARRANTS

The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.

SECTION 125.150: JURY TRIALS

Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury as in prosecutions for misdemeanors before an Associate Circuit Court Judge. Whenever a defendant accused of a violation of a municipal ordinance has a right to and demands such trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.

SECTION 125.160: DUTIES OF THE CITY'S PROSECUTING ATTORNEY

It shall be the duty of an attorney designated by the City to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the number of cases tried, the number of guilty verdicts reached, or the amount of fines imposed or collected.

SECTION 125.170: SUMMONING OF WITNESSES

It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Court Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance, but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.

SECTION 125.180: TRANSFER OF COMPLAINT TO ASSOCIATE CIRCUIT JUDGE

If, in the progress of any trial before the Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Court Judge of the County.

SECTION 125.190: JAILING OF DEFENDANTS

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 County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the Board of such prisoner at the same rate as may now or hereafter be allowed by law to such Sheriff for the keeping of other prisoners in his/her custody. The same shall be taxed as cost.

SECTION 125.200: PAROLE AND PROBATION

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:

B.1. Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and

B.2. The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.

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.

SECTION 125.210: RIGHT OF APPEAL

In any case tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Court Judge or upon assignment before an Associate Circuit Court Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rule.

SECTION 125.220: APPEAL FROM JURY VERDICTS

In any case tried with a jury before an Associate Circuit Judge, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.

SECTION 125.230: BREACH OF RECOGNIZANCE

In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Court Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a CircuitCourt Judge or Associate Circuit Court Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to Municipal Treasury to the General Revenue Fund of the municipality.

SECTION 125.240: DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING A

PARTICULAR CASE

A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.

SECTION 125.250: ABSENCE OF JUDGEPROCEDURE

A. If a Municipal Judge be absent, sick or disqualified from acting, the Mayor of the Board of Aldermen may request the Presiding Judge of the Circuit Court to designate a special Municipal Judge as provided in Subsection (B) of this Section or the Mayor may designate some competent, eligible person to act as Municipal Judge until such absence or disqualification shall cease; provided however, that should a vacancy occur in the office of an elected Municipal Judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected Municipal Judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the Mayor of the Board of Aldermen or as provided in Subsection (B) of this Section.

B. The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the Circuit to act as a special Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting. The Presiding Judge shall act only upon request of the Mayor of the Board of Aldermen for a special Municipal Judge.

C. The Governing Body of the municipality shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.

SECTION 125.260: FAILURE TO APPEAR IN MUNICIPAL COURT

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 Stockton 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.

4. Fail or refuse to deposit bail as required and within the time permitted by the Municipal Court or any City ordinance.

5. Fail or refuse to pay fines as required and within the time permitted by the Municipal Court or any City ordinance.

B. Nothing in this Section shall prevent the exercise of the Municipal Court of its power to punish for contempt. (Ord. No. 107 §75.180(3,4), 8-10-90)

ARTICLE II. COURT CLERK

SECTION 125.270: OFFICE ESTABLISHED

There is hereby established the office of Court Clerk for the City of Stockton Municipal Division of the Cedar County Circuit Court.

SECTION 125.280: SELECTION AND TERM OF COURT CLERK

The Court Clerk shall be appointed by the Mayor with the consent of a majority of the members of the Board of Aldermen to serve for an unspecified term at the will of the Mayor and Board of Aldermen.

SECTION 125.290: HOURS AND AUTHORIZATION OF COMPENSATION

The position of Court Clerk shall be a part-time position. The Court Clerk shall attend all sessions of the Stockton Municipal Division of the 28th Judicial Circuit Court and may be required to be present at the Stockton City Hall to perform the duties of the office at such additional times as the Mayor or Board of Aldermen may specify. Compensation for the Court Clerk shall be established by ordinance from time to time.

SECTION 125.300: DUTIES

The Court Clerk's duties shall include the following:

A.1. To prepare and maintain the Municipal Court docket;

A.2. To log and file all tickets, information, complaints, summonses, bonds, bond receipts and reports;

A.3. To prepare all warrants, REGIS sheets, summonses, bonds, bond forfeitures and notices pertaining to same;

A.4. To receipt and account for all bonds, fines, costs or other monies paid to the Municipal Court;

A.5. To deliver monies collected in Court to the City Clerk for deposit into appropriate City accounts;

A.6. To maintain and respond to all correspondence directed to the Municipal Court;

A.7. To prepare and forward to the Director of Revenue all records of moving violations as required by law;

A.8. To report to City Treasurer each month on the amount of Crime Victims' Compensation (CVC) Fund and any other funds collected for distribution to parties or entities other than the City in association with Court proceedings;

A.9. To serve as the Violations Clerk for the Stockton Municipal Division of the 28th Judicial Circuit Court and receive entries of appearance, waivers of appearance, pleas of guilty, and payments of fines and costs in accord with the laws of the State of Missouri and the rules of the Circuit Court for Cedar County; and

A.10. To perform such other duties as may be directed by the Judge of the Municipal Division.

SECTION 125.310: BOND

Within fifteen (15) days after appointment and before entering upon the discharge of the above- described duties of office, the Court Clerk shall give bond to the City in the sum of twenty-five thousand dollars ($25,000.00) conditioned upon the faithful performance of said duties and the said Court Clerk will pay over all monies belonging to the City, as provided by law, that may come into the Court Clerk's hands.

ARTICLE III. FINES AND COURT COSTS

SECTION 125.320: INSTALLMENT PAYMENT OF FINE

When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.

SECTION 125.330: COURT COSTS

In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Stockton Municipal Division of the 28th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:

.1. Costs of Court in the amount of twelve dollars ($12.00).

.2. Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.

a. Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.

b. One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.

.3. Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:

.3.a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.

.3.b. Five percent (5%) shall be paid to the City Treasury.

.4. Other costs, such as for the issuance of a warrant, a commitment, or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.

.5. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.

.6. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.

.7. Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (10) hereof.

.8. Reimbursement of certain costs of arrest.

.8.a. Upon a plea or a finding of guilty for a first (1st) offense of violating the provisions of an ordinance of the City of Stockton involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.

.8.b. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemi­cal test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.

.8.c. The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.

.8.d. Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appro­priated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.

SECTION 125.335: WORK/CONSTRUCTION ZONE FINE

Any person who is convicted or pleads guilty to a speeding violation or passing/overtaking a vehicle in a work/construction zone when there was any person present performing duties in the work/construction zone and appropriate signs were posted stating "Warning: $250 fine for speeding or passing in this work zone" shall be assessed a fine of two hundred fifty dollars ($250.00) in addition to any other fine assessed; except that any person assessed the two hundred fifty dollar ($250.00) fine shall not also be assessed the thirty-five dollar ($35.00) fine for any of the following offenses in a construction or work zone: any moving violation or violation of speeding, leaving the scene, careless and imprudent driving, operating without a valid license, operating with a suspended or revoked license, obtaining a license by misrepresentation, driving while intoxicated, under the influence or BAC, any felony offense involving the use of a vehicle, or failure to maintain financial responsibility.

ARTICLE IV. ADMINISTRATIVE SEARCH WARRANTS

SECTION 125.340: ADMINISTRATIVE SEARCH WARRANTS

. Search Warrant DefinedWho 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:

.2.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

.2.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 Police Chief or any other Police Officer of the City and shall be executed by the Police Chief or said Police Officer within the City limits and not elsewhere.

A. Who May Apply For WarrantContents Of Application.

A.1. Any Police Officer or an attorney of the City may make application to the Municipal Judge for the issuance of an administrative search warrant.

A.2. The application shall:

A.2.a. Be in writing;

A.2.b. State the time and date of the making of the application;

A.2.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;

A.2.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;

A.2.e. State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:

A.2.e.(1) Search or inspect for violations of an ordinance or Code Section specified in the application; or

A.2.e.(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;

A.2.f. Be verified by the oath or affirmation of the applicant; and

A.2.g. Be signed by the applicant and filed by the Municipal Officer.

A.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.

B. Hearing And ProcedureContents Of WarrantExecution And Return.

B.1. Hearing and procedure.

B.1.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.1.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.

B.1.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.

B.1.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 Officer.

B.2. Contents of search warrant. The search warrant shall:

B.2.a. Be in writing and in the name of the City;

B.2.b. Be directed to any Police Officer in the City;

B.2.c. State the time and date the warrant was issued;

B.2.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;

B.2.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;

B.2.f. Be signed by the Judge, with his/her title of office indicated.

B.3. Execution and return.

B.3.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:

B.3.a.(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.

B.3.a.(2) The officer shall give the owner or occupant of the property searched, inspected or entered upon a copy of the warrant.

B.3.a.(3) Itemized receiptdisposition of seized property.

B.3.a.(3)(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.3.a.(3)(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.

B.3.a.(3)(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 of the Revised Statutes of Missouri.

B.3.a.(4) The officer may summon as many persons as he/she deems necessary to assist him/her in executing the warrant, and such persons shall not be held liable as a result of any illegality of the search and seizure.

B.3.a.(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/she would be justified in using if the warrant were valid.

B.3.a.(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.3.b. Return required after execution of search warrant.

B.3.b.(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 Officer.

B.3.b.(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.

B.3.b.(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.

B.3.b.(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.

C. Warrant Invalid, When. A search warrant shall be deemed invalid:

C.1. If it was not issued by the Municipal Judge;

C.2. If it was issued without a written application having been filed and verified;

C.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;

C.4. If it was not issued with respect to property or places in the City;

C.5. If it does not describe the property or places to be searched, inspected, entered upon or seized with sufficient certainty;

C.6. If it is not signed by the Judge who issued it; or

C.7. If it was not executed and the required return made within ten (10) days after the date of the making of the application.

Copyright © 2016. City of Stockton All Rights Reserved.