Warrants for administrative inspections, contents,procedures--controlled premises, defined.
195.375. 1. A judge, upon proper oath or affirmation showing probablecause, may issue warrants for controlled premises for the purpose ofconducting administrative inspections authorized by sections 195.005 to195.425, and seizures of property appropriate to the inspections. Forpurposes of the issuance of administrative inspection warrants, probable causeexists upon showing a valid public interest in the effective enforcement ofsections 195.005 to 195.425 sufficient to justify administrative inspection ofthe area, premises, building or conveyance in the circumstances specified inthe application for the warrant.
2. A warrant shall issue only upon an affidavit of a peace officer or anemployee of the department of health and senior services having knowledge ofthe facts alleged, sworn to before the judge and establishing the grounds forissuing the warrant. If the judge is satisfied that grounds for theapplication exist, he shall issue a warrant identifying the area, premises,building or conveyance to be inspected, the purpose of the inspection, and ifappropriate, the type of property to be inspected, if any. The warrant shall:
(1) State the grounds for its issuance and the name of each person whoseaffidavit has been taken in support thereof;
(2) Be directed to a peace officer or to an employee of the departmentof health and senior services to execute it;
(3) Command the person to whom it is directed to inspect the area,premises, building or conveyance identified for the purpose specified and, ifappropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any;
(5) Direct that it be served during normal business hours and designatethe judge to whom it shall be returned.
3. A warrant issued pursuant to this section shall be executed andreturned within ten days of its date unless, upon a showing of a need foradditional time, the court orders otherwise. If property is seized pursuantto a warrant, a copy shall be given to the person from whom or from whosepremises 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.A copy of the inventory shall be delivered to the person from whom or fromwhose premises the property was taken and to the applicant for the warrant.
4. The judge who has issued a warrant shall attach thereto a copy of thereturn and all papers returnable in connection therewith and file them withthe clerk of the court which issued the warrant. The department of health andsenior services may make administrative inspections of controlled premises inaccordance with the following provisions:
(1) For purposes of this section only, "controlled premises" means:
(a) Places where persons registered or exempted from registrationrequirements under sections 195.005 to 195.425 are required to keep records;and
(b) Places including factories, warehouses, establishments, andconveyances in which persons registered or exempted from registrationrequirements under sections 195.005 to 195.425 are permitted to hold,manufacture, compound, process, sell, deliver, or otherwise dispose of anycontrolled substance;
(2) When authorized by an administrative inspection warrant issuedpursuant to this section, an officer or employee designated by the departmentof health and senior services, upon presenting the warrant and appropriatecredentials to the owner, operator, or agent in charge, may enter controlledpremises for the purpose of conducting an administrative inspection;
(3) When authorized by an administrative inspection warrant, an officeror employee designated by the department of health and senior services may:
(a) Inspect and copy records required by sections 195.005 to 195.425 tobe kept;
(b) Inspect, within reasonable limits and in a reasonable manner,controlled premises and all pertinent equipment, finished and unfinishedmaterial, containers and labeling found therein, and, except as provided insubdivision (5) of this subsection, all other things therein, includingrecords, files, papers, processes, controls, and facilities bearing onviolation of sections 195.005 to 195.425; and
(c) Inventory any stock of any controlled substance therein and obtainsamples thereof;
(4) This section does not prevent entries and administrativeinspections, including seizures of property, without a warrant:
(a) If the owner, operator, or agent in charge of the controlledpremises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there isreasonable cause to believe that the mobility of the conveyance makes itimpracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time oropportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionallyrequired;
(5) An inspection authorized by this section shall not extend tofinancial data, sales data, other than shipment data, or pricing data unlessthe owner, operator, or agent in charge of the controlled premises consents inwriting;
(6) The department of health and senior services may obtain computerizedcontrolled substances dispensing information via printouts, disks, tapes orother state of the art means of electronic data transfer.
5. Prescriptions, orders, and records, required by sections 195.005 to195.425, and stocks of controlled substances shall be open for inspection onlyto federal, state, county, and municipal officers, whose duty it is to enforcethe laws of this state or of the United States relating to narcotic drugs. Noofficer having knowledge by virtue of his office of any such prescription,order, or record shall divulge such knowledge, except in connection with aprosecution or proceeding in court or before a licensing or registration boardor officer, to which prosecution or proceeding the person to whom suchprescriptions, orders, or records relate is a party.
Warrants for administrative inspections, contents,procedures--controlled premises, defined.
195.375. 1. A judge, upon proper oath or affirmation showing probablecause, may issue warrants for controlled premises for the purpose ofconducting administrative inspections authorized by sections 195.005 to195.425, and seizures of property appropriate to the inspections. Forpurposes of the issuance of administrative inspection warrants, probable causeexists upon showing a valid public interest in the effective enforcement ofsections 195.005 to 195.425 sufficient to justify administrative inspection ofthe area, premises, building or conveyance in the circumstances specified inthe application for the warrant.
2. A warrant shall issue only upon an affidavit of a peace officer or anemployee of the department of health and senior services having knowledge ofthe facts alleged, sworn to before the judge and establishing the grounds forissuing the warrant. If the judge is satisfied that grounds for theapplication exist, he shall issue a warrant identifying the area, premises,building or conveyance to be inspected, the purpose of the inspection, and ifappropriate, the type of property to be inspected, if any. The warrant shall:
(1) State the grounds for its issuance and the name of each person whoseaffidavit has been taken in support thereof;
(2) Be directed to a peace officer or to an employee of the departmentof health and senior services to execute it;
(3) Command the person to whom it is directed to inspect the area,premises, building or conveyance identified for the purpose specified and, ifappropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any;
(5) Direct that it be served during normal business hours and designatethe judge to whom it shall be returned.
3. A warrant issued pursuant to this section shall be executed andreturned within ten days of its date unless, upon a showing of a need foradditional time, the court orders otherwise. If property is seized pursuantto a warrant, a copy shall be given to the person from whom or from whosepremises 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.A copy of the inventory shall be delivered to the person from whom or fromwhose premises the property was taken and to the applicant for the warrant.
4. The judge who has issued a warrant shall attach thereto a copy of thereturn and all papers returnable in connection therewith and file them withthe clerk of the court which issued the warrant. The department of health andsenior services may make administrative inspections of controlled premises inaccordance with the following provisions:
(1) For purposes of this section only, "controlled premises" means:
(a) Places where persons registered or exempted from registrationrequirements under sections 195.005 to 195.425 are required to keep records;and
(b) Places including factories, warehouses, establishments, andconveyances in which persons registered or exempted from registrationrequirements under sections 195.005 to 195.425 are permitted to hold,manufacture, compound, process, sell, deliver, or otherwise dispose of anycontrolled substance;
(2) When authorized by an administrative inspection warrant issuedpursuant to this section, an officer or employee designated by the departmentof health and senior services, upon presenting the warrant and appropriatecredentials to the owner, operator, or agent in charge, may enter controlledpremises for the purpose of conducting an administrative inspection;
(3) When authorized by an administrative inspection warrant, an officeror employee designated by the department of health and senior services may:
(a) Inspect and copy records required by sections 195.005 to 195.425 tobe kept;
(b) Inspect, within reasonable limits and in a reasonable manner,controlled premises and all pertinent equipment, finished and unfinishedmaterial, containers and labeling found therein, and, except as provided insubdivision (5) of this subsection, all other things therein, includingrecords, files, papers, processes, controls, and facilities bearing onviolation of sections 195.005 to 195.425; and
(c) Inventory any stock of any controlled substance therein and obtainsamples thereof;
(4) This section does not prevent entries and administrativeinspections, including seizures of property, without a warrant:
(a) If the owner, operator, or agent in charge of the controlledpremises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there isreasonable cause to believe that the mobility of the conveyance makes itimpracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time oropportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionallyrequired;
(5) An inspection authorized by this section shall not extend tofinancial data, sales data, other than shipment data, or pricing data unlessthe owner, operator, or agent in charge of the controlled premises consents inwriting;
(6) The department of health and senior services may obtain computerizedcontrolled substances dispensing information via printouts, disks, tapes orother state of the art means of electronic data transfer.
5. Prescriptions, orders, and records, required by sections 195.005 to195.425, and stocks of controlled substances shall be open for inspection onlyto federal, state, county, and municipal officers, whose duty it is to enforcethe laws of this state or of the United States relating to narcotic drugs. Noofficer having knowledge by virtue of his office of any such prescription,order, or record shall divulge such knowledge, except in connection with aprosecution or proceeding in court or before a licensing or registration boardor officer, to which prosecution or proceeding the person to whom suchprescriptions, orders, or records relate is a party.
Warrants for administrative inspections, contents,procedures--controlled premises, defined.
195.375. 1. A judge, upon proper oath or affirmation showing probablecause, may issue warrants for controlled premises for the purpose ofconducting administrative inspections authorized by sections 195.005 to195.425, and seizures of property appropriate to the inspections. Forpurposes of the issuance of administrative inspection warrants, probable causeexists upon showing a valid public interest in the effective enforcement ofsections 195.005 to 195.425 sufficient to justify administrative inspection ofthe area, premises, building or conveyance in the circumstances specified inthe application for the warrant.
2. A warrant shall issue only upon an affidavit of a peace officer or anemployee of the department of health and senior services having knowledge ofthe facts alleged, sworn to before the judge and establishing the grounds forissuing the warrant. If the judge is satisfied that grounds for theapplication exist, he shall issue a warrant identifying the area, premises,building or conveyance to be inspected, the purpose of the inspection, and ifappropriate, the type of property to be inspected, if any. The warrant shall:
(1) State the grounds for its issuance and the name of each person whoseaffidavit has been taken in support thereof;
(2) Be directed to a peace officer or to an employee of the departmentof health and senior services to execute it;
(3) Command the person to whom it is directed to inspect the area,premises, building or conveyance identified for the purpose specified and, ifappropriate, direct the seizure of the property specified;
(4) Identify the item or types of property to be seized, if any;
(5) Direct that it be served during normal business hours and designatethe judge to whom it shall be returned.
3. A warrant issued pursuant to this section shall be executed andreturned within ten days of its date unless, upon a showing of a need foradditional time, the court orders otherwise. If property is seized pursuantto a warrant, a copy shall be given to the person from whom or from whosepremises 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.A copy of the inventory shall be delivered to the person from whom or fromwhose premises the property was taken and to the applicant for the warrant.
4. The judge who has issued a warrant shall attach thereto a copy of thereturn and all papers returnable in connection therewith and file them withthe clerk of the court which issued the warrant. The department of health andsenior services may make administrative inspections of controlled premises inaccordance with the following provisions:
(1) For purposes of this section only, "controlled premises" means:
(a) Places where persons registered or exempted from registrationrequirements under sections 195.005 to 195.425 are required to keep records;and
(b) Places including factories, warehouses, establishments, andconveyances in which persons registered or exempted from registrationrequirements under sections 195.005 to 195.425 are permitted to hold,manufacture, compound, process, sell, deliver, or otherwise dispose of anycontrolled substance;
(2) When authorized by an administrative inspection warrant issuedpursuant to this section, an officer or employee designated by the departmentof health and senior services, upon presenting the warrant and appropriatecredentials to the owner, operator, or agent in charge, may enter controlledpremises for the purpose of conducting an administrative inspection;
(3) When authorized by an administrative inspection warrant, an officeror employee designated by the department of health and senior services may:
(a) Inspect and copy records required by sections 195.005 to 195.425 tobe kept;
(b) Inspect, within reasonable limits and in a reasonable manner,controlled premises and all pertinent equipment, finished and unfinishedmaterial, containers and labeling found therein, and, except as provided insubdivision (5) of this subsection, all other things therein, includingrecords, files, papers, processes, controls, and facilities bearing onviolation of sections 195.005 to 195.425; and
(c) Inventory any stock of any controlled substance therein and obtainsamples thereof;
(4) This section does not prevent entries and administrativeinspections, including seizures of property, without a warrant:
(a) If the owner, operator, or agent in charge of the controlledpremises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there isreasonable cause to believe that the mobility of the conveyance makes itimpracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time oropportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionallyrequired;
(5) An inspection authorized by this section shall not extend tofinancial data, sales data, other than shipment data, or pricing data unlessthe owner, operator, or agent in charge of the controlled premises consents inwriting;
(6) The department of health and senior services may obtain computerizedcontrolled substances dispensing information via printouts, disks, tapes orother state of the art means of electronic data transfer.
5. Prescriptions, orders, and records, required by sections 195.005 to195.425, and stocks of controlled substances shall be open for inspection onlyto federal, state, county, and municipal officers, whose duty it is to enforcethe laws of this state or of the United States relating to narcotic drugs. Noofficer having knowledge by virtue of his office of any such prescription,order, or record shall divulge such knowledge, except in connection with aprosecution or proceeding in court or before a licensing or registration boardor officer, to which prosecution or proceeding the person to whom suchprescriptions, orders, or records relate is a party.
