§ 48-71. Same—Search and seizure warrant.

(a)

Defined. A search warrant under this section is a written order by any judge in the Municipal Division, Kansas City, 16th Judicial Circuit Court of Missouri for the search or inspection of any property, the seizure of any property, or both search and seizure of any property within the limits of the city.

(b)

Process. If a complaint in writing is filed by the director of neighborhood and community services, the director of health or the directors' authorized representatives, any police officer, deputy or city attorney of the city, with the municipal division judge stating that he or she has probable cause to believe there exists in the premises, more particularly described therein, a violation or violations of the provisions of this chapter and is within the territorial jurisdiction of the city, and if such complaint is verified by the oath or affirmation stating evidential facts from which such judge determines the existence of probable cause, then such judge shall issue a search warrant directed to the authorized person to search the premises, building or structure therein described for the purposes requested and seize any specified property or conduct any tests necessary to determine if a private sewage system is malfunctioning. Such search warrant may be executed and returned only within ten days after the date of its issuance. The person authorized to conduct the search and conduct tests under the warrant shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this chapter discovered pursuant to such search and tests. Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation. Forcible entry may be permitted when authorized by the search warrant.

(Ord. No. 971346, § 1, 10-2-97; Ord. 080500, § 1, 6-5-08)