36-2541

36-2541. Administrative inspections and
warrants

A. Issuance and execution of administrative inspection warrants for purposes of
this chapter shall be as follows:

1. A judge of a state court of record or any justice of the peace or magistrate
within his jurisdiction and upon proper oath or affirmation showing probable cause may
issue warrants for the purpose of conducting administrative inspections authorized by
this chapter or rules adopted pursuant to this chapter and seizures of property
appropriate to the inspections. For purposes of the issuance of administrative
inspection warrants, probable cause exists upon showing a valid public interest in the
effective enforcement of this chapter, or rules and regulations adopted pursuant to this
chapter, sufficient to justify administrative inspection of the area, premises, building
or conveyance in the circumstances specified in the application for the warrant.

2. A warrant shall issue only upon an affidavit of a peace officer or a member,
officer or employee of the board having knowledge of the facts alleged, sworn to before
the judge or magistrate and establishing the grounds for issuing the warrant. If the
judge or magistrate is satisfied that grounds for the application exist or that there is
probable cause to believe they exist, such judge or magistrate shall issue a warrant
identifying the area, premises, building or conveyance to be inspected, the purpose of
the inspection and the type of property to be inspected, if any. The warrant shall:

(a) State the grounds for its issuance and the name of each person whose affidavit
has been taken in support thereof.

(b) Be directed to a peace officer to execute it.

(c) Command the person to whom it is directed to inspect the area, premises,
building or conveyance identified for the purpose specified and, if appropriate, direct
the seizure of the property specified.

(d) Identify the item or types of property to be seized, if any.

(e) Direct that it be served during normal business hours and designate the judge
or magistrate to whom it shall be returned.

3. A warrant issued pursuant to this section shall be executed and returned within
ten days of its date unless, upon a showing of a need for additional time, the court
orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to
the person from whom or from whose premises the property is taken, together with a
receipt for the property taken. The return of the warrant shall be made promptly,
accompanied by a written inventory of any property taken. The inventory shall be made in
the presence of the person executing the warrant and of the person from whose possession
or premises the property was taken, if present, or in the presence of at least one
credible person other than the person executing the warrant. A copy of the inventory
shall be delivered to the person from whom or from whose premises the property was taken
and to the applicant for the warrant.

4. The judge or magistrate who has issued a warrant shall attach to such warrant a
copy of the return and all papers returnable and file them with the clerk of the court in
which the inspection was executed.

B. The board, its members, officers or employees and officers and employees of the
department or other peace officers may make administrative inspections of controlled
premises in accordance with the following provisions:

1. For purposes of this section only, "controlled premises" means:

(a) Places where persons registered or exempted from registration requirements
under this chapter are required to keep records.

(b) Places including factories, warehouses, establishments and conveyances in which
persons registered or exempted from registration requirements under this chapter are
permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of
any controlled substance.

2. When executing an administrative inspection warrant issued pursuant to
subsection A of this section a peace officer may be accompanied by a member, officer or
employee of the board, and upon presenting the warrant and appropriate credentials to the
owner, operator or agent in charge they may enter controlled premises for the purpose of
conducting an administrative inspection.

3. When authorized by an administrative inspection warrant, such officer or
employee may:

(a) Inspect and copy records required by this chapter to be kept.

(b) Inspect, within reasonable limits and in a reasonable manner, controlled
premises and all pertinent equipment, finished and unfinished material, containers and
labeling found in such premises and, except as provided in paragraph 5 of this
subsection, all other things, including records, files, papers, processes, controls and
facilities bearing on any violation of this chapter.

4. This section does not prevent the inspection without a warrant of books and
records pursuant to an administrative subpoena nor does it prevent entries and
administrative inspections, including seizures of property, without a warrant:

(a) If the owner, operator or agent in charge of the controlled premises consents.

(b) In situations presenting imminent danger to health or safety.

(c) In situations involving inspection of conveyances if there is reasonable cause
to believe that the mobility of the conveyance makes it impracticable to obtain a
warrant.

(d) In any other exceptional or emergency circumstance where time or opportunity to
apply for a warrant is lacking.

(e) In all other situations in which a warrant is not constitutionally required.

5. An inspection authorized by this section shall not extend to financial data,
sales data, other than shipment data, or pricing data unless the owner, operator or agent
in charge of the controlled premises consents in writing.