Has anyone encounter the issue of whether a municipal court not of record can issue an administrative warrant if the owner or occupant of a private residence or business refuses to allow a code compliance inspector to enter a residence or non-public areas of a business establishment without a warrant?  Section 28-121 of Title 11 expressly allows municipal court's of record to issue search warrants.  Section 27-113 of Title 11 allows municipal court not of records to issue writs and processes and Black's Law Dictionary defines the term "warrant" to mean "[a] writ directing or authorizing someone to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure."  See also Willard v. State, 1939 OK CR 73, 92 P.2d 600 (1939) (a search warrant is "process" within constitutional provision and statute relating to style of writs and processes.")

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
'  405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

Municipal courts not of record issue arrest warrants all the time. I see no difference with search warrants, so long as the search is limited to a subject matter that the municipal court would have jurisdiction to prosecute.
Mike Vanderburg
On Friday, February 28, 2020, 01:47:01 PM CST, Rick Knighton rick.knighton@normanok.gov wrote:

Has anyone encounter the issue of whether a municipal court not of record can issue an administrative warrant if the owner or occupant of a private residence or business refuses to allow a code compliance inspector to enter a residence or non-public areas of a business establishment without a warrant?  Section 28-121 of Title 11 expressly allows municipal court’s of record to issue search warrants.  Section 27-113 of Title 11 allows municipal court not of records to issue writs and processes and Black’s Law Dictionary defines the term “warrant” to mean “[a] writ directing or authorizing someone to do an act, esp. one directing a law enforcer to make an arrest, a search, or a seizure.” See also Willard v. State, 1939 OK CR 73, 92 P.2d 600 (1939) (a search warrant is “process” within constitutional provision and statute relating to style of writs and processes.”)

Rickey J. Knighton II | Assistant City Attorney | City of Norman 

201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070

'  405.217.7700 |6 405.366.5425 |+rick.knighton@normanok.gov| þwww.normanok.gov

This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

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