§ 56-6. Search warrant.

(a)

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

(b)

Process. If a complaint in writing is filed by the director, or the director's authorized representative, the director of health or the director's authorized representative, any police officer, deputy, or the city attorney of the city, with the municipal division judge, stating that he or she has probable cause to believe there exists in a building or structure, more particularly described therein, a violation or violations of provisions of this code and is within the territorial jurisdiction of the city, and permission to enter the building and structure from the owner was requested but not obtained, 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 structure or premises therein described for the purposes requested. Such search warrant may be executed and returned only within ten days after the date of its issuance. The person authorized to search shall make a return promptly after concluding the search, and such return shall contain an itemization of all violations of this code discovered pursuant to such search. 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.

(c)

Entry procedure. Prior to entering upon private property to perform the search, the person executing the search warrant shall knock at the door or entrance where entry is to be made and shall announce that such person is an inspector executing a search warrant. If not permitted entry after knocking and announcing the search warrant is being executed, then the person executing such warrant may enter by reasonable force. For the purposes of this section, the term "reasonable force" means only the force necessary to remove a physical obstruction or barrier that is impeding entry onto private property and includes the removing of a boarded opening, cutting of a lock, forced opening of a door or the moving of debris.

(Ord. No. 150829 , § 1, 10-15-15)