APPLICATION FOR SEARCH WARRANT
H. Morley Swingle, Prosecuting Attorney of the County of Cape Girardeau, State of Missouri, being duly sworn, deposes and states upon information and belief that a neglected or abused animal, specifically a dog, is presently located in a house at __________________, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, which house is owned by Jane Doe.
Basis of the affiant's information and belief is contained in the attached affidavit of witness of facts concerning the said matter, Charlotte Craig, and said affidavit is attached hereto and incorporated herein by reference and is submitted herewith as basis upon which this Court may find existence of a probable cause for the issuance of said warrant.
WHEREFORE, complainant prays that a search warrant be issued as provided by law.
OFFICE OF THE PROSECUTING ATTORNEY
Subscribed and sworn to before me this _____ day of ____________________________, 19_____.
___________________________________
SEARCH WARRANT
THE STATE OF MISSOURI TO ANY PEACE OFFICER OR PUBLIC HEALTH OFFICIAL IN THE STATE OF MISSOURI:
WHEREAS, an application for a search warrant in writing, duly verified by oath, has been filed with the undersigned Judge of this Court, stating upon information and belief that a neglected or abused animal, specifically a dog, a medium-sized red-gold colored mixed-breed dog, is presently located in a house at _________________, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, which house is owned by Jane Doe.
WHEREAS, the Judge of this Court from the sworn allegations of said complaint and from the supporting written affidavit filed therewith has found that there is probable cause to believe the allegations of the complaint to be true and probable cause exists for the issuance of a search warrant herein.
NOW, THEREFORE, these are to command you that you search the premises of said dwelling above described within ten days after the issuance of this warrant by day or night, and take with you, if need be, the power of your County or City, and, if said above-described animal be found on said property by you, that you seize the same and take same into your possession, making a complete and accurate inventory of the property so taken by you in the presence of the person from whose possession the same is taken, if that be possible, and giving to such person a receipt for such property, together with a copy of this warrant, or, if no person be found in possession of said property, leaving said receipt and said copy upon the premises searched, and that you thereafter return the property so taken and seized by you, together with a duly verified copy of the inventory thereof, and with your return to this warrant to this Court to be dealt with in accordance with the law. According to Section 578.018, RSMo, all animals impounded pursuant to this section shall be: (1) Placed in the care or custody of a veterinarian, the appropriate animal control authority, or an animal shelter, or (2) If it is determined by a veterinarian that an animal impounded under a warrant is diseased or disabled beyond recovery for any useful purpose, that the animal may be humanely killed. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid, and may put up for adoption or humanely kill such animal if such costs are not paid within ten days after demand.
Witness my hand and the seal of this Court on this _____ day of ________________________________, 19_____.
TIME:
AFFIDAVIT
I, Charlotte Craig, upon my oath, state to the court as follows:
1. I am a duly authorized public health official with The Cape Girardeau County Public Health Department. I have been so employed for twenty years.
2. I have probable cause to believe that a violation of Sections 578.009 (Animal Neglect) and/or 578.012 (Animal Abuse) has occurred, and that a neglected or abused animal is located on private property, and I am seeking a warrant pursuant to Section 578.018 to inspect, care for, or impound the neglected or abused animal(s). My probable cause is detailed in the following paragraphs.
3. On Tuesday, March 28, 1995, while providing nursing care to Jane Doe at her home I personally observed a neglected dog upon her premises. The dog is described as a medium-sized red-gold colored mixed-breed dog. Jane Doe’s home is a house located at __________________, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri. Jane Doe is in her eighties and is diabetic. She recently had cataract surgery. The dog is confined to a porch upon the premises, with no access to the yard. The dog is in an area full of filth and squalor. It is being fed and watered, but is living in conditions of filth due to neglect. It is definitely an unhealthy environment for a human or a dog.
4. Because of the facts described above, I have probable cause to believe the dog is not receiving adequate care, i.e. "the normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter and health care as necessary to maintain good health" and that a warrant should issue for me to inspect, care for, or impound the neglected animal.
I have read this Affidavit and the facts contained herein
are true to the best of my knowledge.
Subscribed and sworn to before me this ____ day of
________________________________, 19_____.