If it is trust land then I think the answer is no. Municipal police have no authority on trust land. If it is not trust land but a native lives in it the police have authority to enforce laws and municipalities can enforce code laws. In Choctaw we have an agreement with Police Department and Potawatomie tribe to enforce municipal and state law on a 160 acre tract of trust land in Choctaw which was requested by the Pot tribe. Ray From: Lou Ann Moudy Sent: Wednesday, August 31, 2022 12:06 PM To: Roy D. Tucker ; Teresa Nowlin ; Jordan, Kenneth ; Boulden, Patrick ; 'rayvincent@coxinet.net' ; OAMA@lists.imla.org ; Richard, Cindy L ; Jones, Orval E Subject: [Oama] Re: Administrative Code Enforcement Warrant Thank you for this thread, I am going to throw a wrench – what about Indian Country? Do we have authority to enter into a native home? Lou Ann Moudy P.O. Box 266, Henryetta, OK 74437 (918) 652-3328 This electronic mail transmission, including any accompanying documents or attachments, may contain confidential information intended solely for use or information for the receipent named above and is protected by the attorney-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the reliance upon any of the contents of this transmission is strictly prohibited. If you have received this transmission in error, please contact us immediately via telephone or reply transmission and then destroy this transmission and its accompanying documents or attachments. From: Roy D. Tucker [mailto:RTucker@muskogeeonline.org] Sent: Wednesday, August 31, 2022 11:04 AM To: Teresa Nowlin <tnowlin@jenksok.org>; Jordan, Kenneth <kenneth.jordan@okc.gov>; Boulden, Patrick <patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.net>; OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.gov> Subject: [Oama] Re: Administrative Code Enforcement Warrant Teresa, It also looks like you have an ordinance in Jenks allowing it, so I’m probably going to steal Jenks’ language for our own ordinance. Your code also tells me the appropriate legal standard – which was going to be my follow up question. For the benefit of the group, here’s the language Jenks has in their municode. Many thanks! Sec. 13-1-35. Right of Entry. (A) Upon sworn affidavit and probable cause being shown that a nuisance exists, the Judge of the Municipal Court may issue a search warrant authorizing the chief of police, chief of the fire department, fire marshal, Building Inspector, Electrical Inspector, health officer, City Manager, or any person acting under orders from the named officers, to have the authority to enter into and upon, and examine at any and all times, all buildings, lots and places of all description within the corporate limits of the City of Jenks for the purpose of ascertaining the condition thereof. Said City of Jenks chief of police, chief of the fire department, fire marshal, Plumbing Inspector, Electrical Inspector, Building Inspector, health officer, or City Manager, shall have, and they are hereby vested with, the power, jurisdiction and authority to give all such directions and adopt all such measures for rectifying or correcting any condition which may be a nuisance hereunder prior to the institution of proceedings for the abatement, removal or prevention of same; and where said condition is voluntarily removed, abated or prevented, as directed by the said city officials, no formal proceedings for abatement, prevention or removal of same shall be necessary. (Code 1972, § 6-28) From: Teresa Nowlin <tnowlin@jenksok.org> Sent: Wednesday, August 31, 2022 10:45 AM To: Jordan, Kenneth <kenneth.jordan@okc.gov>; Boulden, Patrick <patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.org>; OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.gov> Subject: RE: [Oama] Re: Administrative Code Enforcement Warrant We have had our municipal judge issue administrative search warrants (or at least one) – municipal court not of record. I see if I can find the form and share with you, Roy. Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office From: Jordan, Kenneth <kenneth.jordan@okc.gov> Sent: Tuesday, August 30, 2022 10:42 PM To: Boulden, Patrick <patrickboulden@tulsacouncil.org>; 'rayvincent@coxinet.net' <rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.org>; OAMA@lists.imla.org; Richard, Cindy L <cindy.richard@okc.gov>; Jones, Orval E <orval.jones@okc.gov> Subject: [Oama] Re: Administrative Code Enforcement Warrant [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. We do, too, as to courts of record. No opinion on courts not of record, but the statutory word looks similar. Orval Jones is the authority and has done education sessions for code enforcement inspectors. -------------------------------------------------------------------------------- From: Boulden, Patrick <patrickboulden@tulsacouncil.org> Sent: Tuesday, August 30, 2022 6:41:02 PM To: 'rayvincent@coxinet.net' <rayvincent@coxinet.net>; Roy D. Tucker <RTucker@muskogeeonline.org>; OAMA@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Re: Administrative Code Enforcement Warrant I have espoused that municipal judges can issues search warrants, but have found no takers. 11 O.S. Section 27‑113, for courts not of record provides: 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). And for courts of record, 11 O.S. Section 28‑104 provides: A judge of the municipal criminal court of record shall have power to administer oaths, keep and preserve the records of the court, certify transcripts and other records and shall have and possess such other general powers as are possessed by the district judge. The judge shall also approve all recognizances and bonds to which persons charged, or convicted, may be admitted and shall determine and fix the amount thereof. Patrick Patrick Boulden | Council Administrator Office of the Tulsa City Council 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org From: rayvincent@coxinet.net <rayvincent@coxinet.net> Sent: Tuesday, August 30, 2022 5:32 PM To: Roy D. Tucker <RTucker@muskogeeonline.org>; OAMA@lists.imla.org Subject: [Oama] Re: Administrative Code Enforcement Warrant Has anyone ever obtained a search warrant for investigating a code violation? If so which Judge signed it? Can a municipal judge sign a search warrant? I don’t think there is such a thing as an administrative search warrant in Oklahoma but I am willing to learn. Ray From: Roy D. Tucker Sent: Tuesday, August 30, 2022 4:59 PM To: OAMA@lists.imla.org Subject: [Oama] Administrative Code Enforcement Warrant Most of our codes provide a right of entry for inspections under the International Codes and for Code Enforcement issues; however, I doubt anyone actually uses that (particularly if consent can’t be obtained). Does anyone have a good form search warrant for such an issue that they’d be willing to share? For background, some of us who attended the IMLA conference learned of a program that San Antonio is doing to combat serious code violations. One aspect of their program is the need to obtain administrative search warrants for the purpose of investigating and inspecting code violations (including those for public nuisance). Thanks in advance. Roy Roy D. Tucker City Attorney City of Muskogee 229 W. Okmulgee Ave. Muskogee, Oklahoma 74401 (918) 684-6276 rtucker@muskogeeonline.org -------------------------------------------------------------------------------- -- Oama mailing list -- oama@lists.imla.org To unsubscribe send an email to oama-leave@lists.imla.org CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content. CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. 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