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6113
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Last modified
12/6/2004 2:47:16 PM
Creation date
11/5/2014 12:21:38 PM
Metadata
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Template:
City Ordinances
Passed
7/7/1997
Ordinance Number
0
Bill Number
8331
Introdate
6/23/1997
Description
REPEALING CHAP 17, PROPERTY MAINTENANCE, AND ENACTING A NEW CHAP 17, PROPERTY MAINTENANCE, TO ADOPT THE BOCA CODE, FIFTH ED., 1996
Introduced By
WAGNER
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(7) <br />(8) <br /> <br />Be filed in municipal court; <br />Be signed by the prosecuting attorney. <br /> <br />3. The application may be supplemented by a written affidavit verified by oath or affirmation. <br />Such affidavit shall be considered in determining whether there is probable cause for the <br />issuance of a search warrant and in filling out any deficiencies in the description of the structure <br />or premises to be searched. Oral testimony shall not be considered. <br /> <br />4. The municipal judge shall hold a nonadversary hearing to determine whether sufficient facts <br />have been stated to justify the issuance of a search warrant. If it appears from the application <br />and any supporting affidavit that there is probable cause to believe that the place or thing subject <br />to search immediately issued. The warrant shall be issued in the form of an original and two <br />copies. <br /> <br />5. The appli(~ation and any supporting affidavit and a copy of the warrant shall be retained in the <br />records of the municipal court. <br /> <br />The searoh <br /> (1) <br /> (2) <br /> (3) <br /> (4) <br /> <br />(5) <br /> <br />(7) <br /> <br />warrant shall: <br /> Be in writing and in the name of the City of University City; <br /> Be directed to the code official or any peace officer; <br /> State the time and date the warrant is issued; <br /> Identify the structure or premises which are to be searched in sufficient detail <br /> and particularity that the code official or peace officer executing the warrant can <br /> readily ascertain the structure or premises. <br />Identify the place or thing which is to be searched, in sufficient detail and <br />particularity that the code official or peace officer executing the warrant can <br />ascertain what he/she is to search; <br />Command that the structure, premises, place or thing be searched and that any <br />of the described property, article, material or substance found thereon or therein <br />and seized or photographed or copied be returned, or the photograph or copy <br />be brought, within ten days after filing of the application, to the municipal judge <br />who issued the warrant, to be dealt with according to law; <br />Be signed by the municipal judge, with his/her title of office indicated. <br /> <br />7. A searoh warrant issued under this section may be executed only by the code official or a <br />peace officer. The warrant shall be executed by conducting the search and seizure <br />commanded. <br /> <br />8. A search warrant shall be executed as soon as practicable and shall expire if it is not <br />executed andsthe return made within ten days after the date of the making of the application. <br /> <br />9. After execution of the search warrant, the warrant with a return thereon, signed by the code <br />official or peace officer making the search, shall be delivered to the municipal judge who issued <br />the warrant. The return shall show the date and manner of execution, what was seized, and the <br />name of the possessor and of the owner, when he/she is not the same person, if known. The <br />return shall be accompanied by a copy of the itemized receipt required by paragraph 14. The <br />municipal judge or clerk shall, upon request, deliver a copy of such receipt to the person from <br />whose possession the property was taken and to the applicant for the warrant. <br /> <br />10: A search warrant shall be deemed invalid: <br /> <br />(1) <br />(2) <br />(3) <br />(4) <br />(5) <br /> <br />(6) <br />(7) <br /> <br />If it was not issued by a municipal judge; or <br />If it was issued without a written application having been filed and verified; or <br />If it was issued without probable cause; or <br />If it was not issued in the city; or <br />If it does not describe the structure, premises, place or thing to be searched or <br />the property, article, material or substance to be seized with certainty; or <br />If it is not signed by the municipal judge who issued it; or <br />If it was not executed within the time prescribed in paragraph 8. <br /> <br />-3- <br /> <br /> <br />
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