§46-15.4  Administrative inspections andwarrants.  (a)  The respective counties may conduct inspections to enforcesections 445-94 to 445-96.  Each county may conduct its inspections without awarrant if the conditions enumerated in subsection (c) exist.  A county shallconduct its inspection with a warrant in accordance with this section if thecircumstances enumerated in subsection (c) do not exist or if specificbuildings or premises to be inspected can be identified through citizencomplaint or by information obtained from state agencies under section46-15.5.  The issuance and execution of an administrative inspection warrantshall be as follows:

(1)  A judge of the circuit court, or any districtjudge within the judge's jurisdiction, may issue warrants for the purpose ofconducting administrative inspections.  The warrants shall be issued uponproper oath or affirmation showing probable cause that:

(A)  The conditions of operation under section445-95 have been violated; or

(B)  A person is operating a lodging ortenement house, group home, group residence, group living arrangement, hotel,or boardinghouse, without the certificates required under section 445-94;

(2)  A warrant shall be issued only upon an affidavitof an individual having knowledge of the facts alleged, sworn to before thejudge and establishing the grounds for issuing the warrant.  If the judge issatisfied that there is probable cause to believe the grounds for issuing awarrant exist, the judge shall issue a warrant identifying the area, premises,building, or records to be inspected, the purpose of the inspection, and, ifappropriate, the type of property to be inspected, if any.  The warrant shall:

(A)  State the grounds for its issuance and thename of each person whose affidavit has been taken in support thereof;

(B)  Be directed to a person authorized by thecounty to execute it;

(C)  Command the person to whom it is directedto inspect the area, premises, building, or records identified for the purposespecified and, if appropriate, use reasonable force in conducting theinspection authorized by the warrant and direct the seizure of the propertyspecified;

(D)  Identify the item or types of property tobe seized, if any; and

(E)  Direct that it be served during thedaylight business hours between 8:00 a.m. and 5:00 p.m. and designate the judgeto whom it shall be returned;

(3)  A warrant issued pursuant to this section shallbe executed and returned within ten days of its date unless, upon a showing ofa need for additional time, the court orders otherwise.  If property is seizedpursuant to a warrant, a copy shall be given to the person from whom or fromwhose premises the property is taken, together with a receipt for the propertytaken.  The return of the warrant shall be made promptly, accompanied by awritten inventory of any property taken.  The inventory shall be made in thepresence of the person executing the warrant and of the person from whosepossession or premises the property was taken, if present, or in the presenceof at least one credible person other than the person executing the warrant.  Acopy of the inventory shall be delivered to the person from whom or from whosepremises the property was taken and to the applicant for the warrant; and

(4)  The judge who has issued a warrant shall attachthereto a copy of the return and all papers returnable in connection therewithand file them with the clerk of the issuing court.

(b)  The designated representative of thecounty may make administrative inspections of premises in accordance with thefollowing:

(1)  When authorized by an administrative inspectionwarrant issued pursuant to subsection (a) the representative, upon presentingthe warrant and appropriate credentials to the owner, operator, or agent incharge of the premises may enter the premises for the purpose of conducting anadministrative inspection; and

(2)  When authorized by an administrative inspectionwarrant, the representative may inspect and copy records identifying thetenants, lodgers, or boarders of the lodging or tenement house, group home,group residence, group living arrangement, or boardinghouse.

(c)  This section does not prevent entries orthe inspection without a warrant of property, books, and records pursuant to anadministrative subpoena issued in accordance with law:

(1)  If the owner, operator, or agent in charge of theprovider premises consents;

(2)  In situations presenting imminent danger tohealth or safety of the occupants or customers of any lodging or tenementhouse, hotel, boardinghouse, or restaurant, or that of the surroundingcommunity; or

(3)  In all other situations in which a warrant is notconstitutionally required. [L 1987, c 333, pt of §1; am L 1988, c 141, §7; am L2001, c 35, §2]