Empathy List Archives

R

rayvincent@coxinet.net

Tue, Oct 26, 2021 4:10 PM

Does anyone have any thoughts about getting a search warrant from a District Judge to search for code violations?

Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689

CONFIDENTIALITY NOTE

This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

Does anyone have any thoughts about getting a search warrant from a District Judge to search for code violations? Raymond A. Vincent Raymond A. Vincent, PLLC 1919 S. Sunnylane Rd., Suite 200 Del City, Oklahoma 73115 405-235-0484 Fax 405-236-3689 CONFIDENTIALITY NOTE This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

JM

Jon Miller

Tue, Oct 26, 2021 4:18 PM

Ray,

I have wondered whether a municipal court judge may issue a search warrant, but have not yet needed to follow through, based on this statute:
Oklahoma Statutes Citationized
[cid:image001.gif@01D7CA5B.29B45DC0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[cid:image001.gif@01D7CA5B.29B45DC0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D7CA5B.29B45DC0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXVII-Courts Article Article XXVII - Courts
[cid:image002.gif@01D7CA5B.29B45DC0] Section 27-113 - Procedure - Judicial Notice of Statutes and Ordinances - Writs and Process - Service of Arrest Warrant
Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).
Historical Data

Laws 1977, HB 1100, c. 256, § 27-113, eff. July 1, 1978; Amended by Laws 1982, HB 1926, c. 133, § 2; Amended by Laws 1984, HB 1669, c. 126, § 55, eff. November 1, 1984; Amended by Laws 1990, HB 1727, c. 259, § 1, eff. September 1, 1990.
Citationizer© Summary of Documents Citing This Document

Cite

Name

Level

Oklahoma Attorney General's Opinions

Cite

Name

Level

1998 OK AG 10https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=62719,

Question Submitted by: Tom P. Wilson, State Fire Marshalhttps://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=62719

Cited

Oklahoma Court of Criminal Appeals Cases

Cite

Name

Level

1988 OK CR 86https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=10832, 753 P.2d 933https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=10832,

HOUGHTON v. CITY OF WEWOKAhttps://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=10832

Cited

1996 OK CR 48https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=11697, 932 P.2d 1136https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=11697,

Jerry Staller v. Statehttps://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=11697

Discussed

2004 OK CR 22https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439392, 92 P.3d 707https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439392,

UNITED STATES v. SAWYERhttps://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439392

Cited

Oklahoma Court of Civil Appeals Cases

Cite

Name

Level

2005 OK CIV APP 35https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443040, 114 P.3d 499https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443040,

KENNEDY v. STATE ex rel. DEPT. OF PUBLIC SAFETYhttps://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443040

Cited

I am not reviewed whether a state district court would have jurisdiction to issue a search warrant for a code violation, but my gut tells me that would be a stretch. I am interested in the collective wisdom of others in our group.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, October 26, 2021 11:10 AM
To: OAMA oama@lists.imla.org
Subject: [Oama] Search Warrant for code violations

Does anyone have any thoughts about getting a search warrant from a District Judge to search for code violations?

Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689

CONFIDENTIALITY NOTE

This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

Ray, I have wondered whether a municipal court judge may issue a search warrant, but have not yet needed to follow through, based on this statute: Oklahoma Statutes Citationized [cid:image001.gif@01D7CA5B.29B45DC0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11> Title 11. Cities and Towns [cid:image001.gif@01D7CA5B.29B45DC0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code [cid:image001.gif@01D7CA5B.29B45DC0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXVII-Courts> Article Article XXVII - Courts [cid:image002.gif@01D7CA5B.29B45DC0] Section 27-113 - Procedure - Judicial Notice of Statutes and Ordinances - Writs and Process - Service of Arrest Warrant Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00). Historical Data ________________________________ Laws 1977, HB 1100, c. 256, § 27-113, eff. July 1, 1978; Amended by Laws 1982, HB 1926, c. 133, § 2; Amended by Laws 1984, HB 1669, c. 126, § 55, eff. November 1, 1984; Amended by Laws 1990, HB 1727, c. 259, § 1, eff. September 1, 1990. Citationizer© Summary of Documents Citing This Document ________________________________ Cite Name Level Oklahoma Attorney General's Opinions Cite Name Level 1998 OK AG 10<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=62719>, Question Submitted by: Tom P. Wilson, State Fire Marshal<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=62719> Cited Oklahoma Court of Criminal Appeals Cases Cite Name Level 1988 OK CR 86<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=10832>, 753 P.2d 933<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=10832>, HOUGHTON v. CITY OF WEWOKA<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=10832> Cited 1996 OK CR 48<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=11697>, 932 P.2d 1136<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=11697>, Jerry Staller v. State<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=11697> Discussed 2004 OK CR 22<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439392>, 92 P.3d 707<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439392>, UNITED STATES v. SAWYER<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439392> Cited Oklahoma Court of Civil Appeals Cases Cite Name Level 2005 OK CIV APP 35<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443040>, 114 P.3d 499<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443040>, KENNEDY v. STATE ex rel. DEPT. OF PUBLIC SAFETY<https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=443040> Cited I am not reviewed whether a state district court would have jurisdiction to issue a search warrant for a code violation, but my gut tells me that would be a stretch. I am interested in the collective wisdom of others in our group. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Tuesday, October 26, 2021 11:10 AM To: OAMA <oama@lists.imla.org> Subject: [Oama] Search Warrant for code violations Does anyone have any thoughts about getting a search warrant from a District Judge to search for code violations? Raymond A. Vincent Raymond A. Vincent, PLLC 1919 S. Sunnylane Rd., Suite 200 Del City, Oklahoma 73115 405-235-0484 Fax 405-236-3689 CONFIDENTIALITY NOTE This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

R

rayvincent@coxinet.net

Tue, Oct 26, 2021 4:31 PM

I have never seen a Municipal judge sign a search warrant. It looks like it might be possible pursuant to this statute.
Ray

From: Jon Miller
Sent: Tuesday, October 26, 2021 11:18 AM
To: rayvincent@coxinet.net ; OAMA
Subject: RE: [Oama] Search Warrant for code violations

Ray,

I have wondered whether a municipal court judge may issue a search warrant, but have not yet needed to follow through, based on this statute:

Oklahoma Statutes Citationized
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article Article XXVII - Courts
Section 27-113 - Procedure - Judicial Notice of Statutes and Ordinances - Writs and Process - Service of Arrest Warrant

Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00).

Historical Data

Laws 1977, HB 1100, c. 256, § 27-113, eff. July 1, 1978; Amended by Laws 1982, HB 1926, c. 133, § 2; Amended by Laws 1984, HB 1669, c. 126, § 55, eff. November 1, 1984; Amended by Laws 1990, HB 1727, c. 259, § 1, eff. September 1, 1990.

  Cite 
 Name 
 Level 
 
 
  Oklahoma Attorney General's Opinions 
 
    
 Cite 
 Name 
 Level 
 
    
 1998 OK AG 10, 
 Question Submitted by: Tom P. Wilson, State Fire Marshal 
 Cited 
 
  Oklahoma Court of Criminal Appeals Cases 
 
    
 Cite 
 Name 
 Level 
 
    
 1988 OK CR 86, 753 P.2d 933, 
 HOUGHTON v. CITY OF WEWOKA 
 Cited 
 
    
 1996 OK CR 48, 932 P.2d 1136, 
 Jerry Staller v. State 
 Discussed 
 
    
 2004 OK CR 22, 92 P.3d 707, 
 UNITED STATES v. SAWYER 
 Cited 
 
  Oklahoma Court of Civil Appeals Cases 
 
    
 Cite 
 Name 
 Level 
 
    
 2005 OK CIV APP 35, 114 P.3d 499, 
 KENNEDY v. STATE ex rel. DEPT. OF PUBLIC SAFETY 
 Cited

I am not reviewed whether a state district court would have jurisdiction to issue a search warrant for a code violation, but my gut tells me that would be a stretch. I am interested in the collective wisdom of others in our group.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, October 26, 2021 11:10 AM
To: OAMA oama@lists.imla.org
Subject: [Oama] Search Warrant for code violations

Does anyone have any thoughts about getting a search warrant from a District Judge to search for code violations?

Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689

CONFIDENTIALITY NOTE

This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.

I have never seen a Municipal judge sign a search warrant. It looks like it might be possible pursuant to this statute. Ray From: Jon Miller Sent: Tuesday, October 26, 2021 11:18 AM To: rayvincent@coxinet.net ; OAMA Subject: RE: [Oama] Search Warrant for code violations Ray, I have wondered whether a municipal court judge may issue a search warrant, but have not yet needed to follow through, based on this statute: Oklahoma Statutes Citationized Title 11. Cities and Towns Chapter 1 - Oklahoma Municipal Code Article Article XXVII - Courts Section 27-113 - Procedure - Judicial Notice of Statutes and Ordinances - Writs and Process - Service of Arrest Warrant Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinances of the municipality in which it is located. Writs and processes of the court may be issued by the judge or clerk thereof to any proper officer. All writs and processes of the municipal court in which a violation of a municipal ordinance is charged shall be directed to the chief of police of the municipality, a county sheriff, or to some other appropriate peace officer. A law enforcement officer of the municipality or county sheriff may serve an arrest warrant issued by the municipal court any place within this state. If the warrant is served by a county sheriff, the municipality shall pay the Sheriff's Service Fee Account a fee of Twenty Dollars ($20.00). Historical Data -------------------------------------------------------------------------------- Laws 1977, HB 1100, c. 256, § 27-113, eff. July 1, 1978; Amended by Laws 1982, HB 1926, c. 133, § 2; Amended by Laws 1984, HB 1669, c. 126, § 55, eff. November 1, 1984; Amended by Laws 1990, HB 1727, c. 259, § 1, eff. September 1, 1990. Citationizer© Summary of Documents Citing This Document -------------------------------------------------------------------------------- Cite Name Level Oklahoma Attorney General's Opinions Cite Name Level 1998 OK AG 10, Question Submitted by: Tom P. Wilson, State Fire Marshal Cited Oklahoma Court of Criminal Appeals Cases Cite Name Level 1988 OK CR 86, 753 P.2d 933, HOUGHTON v. CITY OF WEWOKA Cited 1996 OK CR 48, 932 P.2d 1136, Jerry Staller v. State Discussed 2004 OK CR 22, 92 P.3d 707, UNITED STATES v. SAWYER Cited Oklahoma Court of Civil Appeals Cases Cite Name Level 2005 OK CIV APP 35, 114 P.3d 499, KENNEDY v. STATE ex rel. DEPT. OF PUBLIC SAFETY Cited I am not reviewed whether a state district court would have jurisdiction to issue a search warrant for a code violation, but my gut tells me that would be a stretch. I am interested in the collective wisdom of others in our group. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Tuesday, October 26, 2021 11:10 AM To: OAMA <oama@lists.imla.org> Subject: [Oama] Search Warrant for code violations Does anyone have any thoughts about getting a search warrant from a District Judge to search for code violations? Raymond A. Vincent Raymond A. Vincent, PLLC 1919 S. Sunnylane Rd., Suite 200 Del City, Oklahoma 73115 405-235-0484 Fax 405-236-3689 CONFIDENTIALITY NOTE This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.