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6008
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Last modified
12/6/2004 2:47:52 PM
Creation date
11/5/2014 12:20:59 PM
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City Ordinances
Passed
4/10/1995
Ordinance Number
6008
Bill Number
8223
Introdate
3/20/1995
Description
Amdg. Sec PM-105.3.1 Search Warrants
Introduced By
Cotton
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(7) Be filed in municipal court; <br /> <br />(8) Be signed by the prosecuting attorney. <br /> <br />The application may be supplemented by a written affidavit verified by oath <br />or affirmation. Such affidavit shall be considered in determining whether <br />there is probable cause for the issuance of a search warrant and in filling <br />out any deficiencies in the description of the structure or premises to be <br />searched. Oral testimony shall not be considered. <br /> <br />The municipal judge shall hold a nonadversary hearing to determine <br />whether sufficient facts have been stated to justify the issuance of a search <br />warrant If it appears from the application and any supporting affidavit that <br />there is probable cause to believe that the place or thing subject to search <br />is in or on the structure or premises described, a search warrant shall be <br />immediately issued. The warrant shall be issued in the form of an original <br />and two copies. <br /> <br />The application and any supporting affidavit and a copy of the warrant shall <br />be retained in the records of the municipal court. <br /> <br />6. The search warrant shall: <br /> <br />(1) Be in writing and in the name of the City of University City; <br /> <br />(2) Be directed to the code official or any peace officer; <br /> <br />(3) State the time and date the warrant is issued; <br /> <br />(4) <br /> <br />Identify the structure or premises which are to be searched in <br />sufficient detail and particularity that the code official or peace <br />officer executing the warrant can readily ascertain the structure or <br />premises; <br /> <br />(5) <br /> <br />Identify the place or thing which is to be searched, in sufficient detail <br />and particularity that the code official or peace officer executing the <br />warrant can ascertain what he/she is to search; <br /> <br />(6) <br /> <br />Command that the structure, premises, place or thing be searched <br />and that any of the described property, article, material or substance <br />found thereon or therein and seized or photographed or copied be <br />returned, or the photograph or copy be brought, within ten days after <br />filing of the application, to the municipal judge who issued the <br />warrant, to be dealt with according to law; <br /> <br />2 <br /> <br /> <br />
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