Chapter
34
WARRANTS[1]
Sec.
34-1. Defined.
An "inspection warrant" is an
order, in writing, in the name of the people, signed by a judge of a court of
competent jurisdiction, directed to a state, county or local official,
commanding him to conduct any inspection required or authorized by state,
county or local law or regulation relating to building, fire, safety, plumbing,
electrical, health or zoning.
(Code
1967, § 37-1)
Sec. 34-2. Issuance—Supporting affidavit.
An inspection warrant shall be issued
only upon cause, supported by affidavit, particularly describing the place,
dwelling, structure, premises or vehicle to be searched and the purpose for
which the search is made. In addition,
the affidavit shall contain either a statement that consent to inspect has been
sought and refused or facts or circumstances reasonable justifying the failure
to seek such consent.
(Code
1967, § 37-2)
Sec. 34-3. Same—When cause deemed to exist.
Cause shall be deemed to exist if
either reasonable legislative or administrative standards for conducting a
routine or area inspection are satisfied with respect to the particular place,
dwelling, structure, premises or vehicle, or there is reason to believe that a
condition of nonconformity exists with respect to the particular place,
dwelling, structure, premises or vehicle.
(Code
1967, § 37-3)
Sec. 34-4. Same—Examination of witnesses may be
prerequisite.
Before issuing an inspection warrant,
the judge may examine on oath the applicant and any other witnesses, and shall
satisfy himself of the existence of grounds for granting such application.
(Code
1967, § 37-4)
Sec. 34-5. Same—By judge; statement of procedure of
inspection.
If the judge is satisfied that cause
for the inspection exists, he shall issue the warrant particularly describing
each place, dwelling, structure, premises or vehicle to be inspected and
designating on the warrant the purpose and limitations of the inspection,
including the limitations required by this chapter.
(Code
1967, § 37-5)
Sec. 34-6. Duration of warrant; extension or renewal;
execution and return.
An
inspection warrant shall be effective for the time specified therein, but not
for a period of more than fourteen (14) days, unless extended or renewed by the
judge who signed and issued the original warrant upon satisfying himself that
such extension or renewal is in the public interest. Such inspection warrant must be executed and
returned to the judge by whom it was issued within the time specified in the
warrant or within the extended or renewed time.
After the expiration of such time the warrant, unless executed, is void.
(Code
1967, § 37-6)
Sec. 34-7. Hours of inspection; forcible entry
prohibited; exceptions; notice.
An inspection pursuant to this warrant
may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding
day, nor in the absence of an owner or occupant of the particular place,
dwelling, structure, premises or vehicle unless specifically authorized by the
judge upon a showing that such authority is reasonably necessary to effectuate
the purpose of the regulation being enforced.
An inspection pursuant to a warrant shall not be made by means of
forcible entry; except that the judge may expressly authorize a forcible entry
where facts are shown sufficient to create a reasonable suspicion of violation
of a state, county or local law or regulation relating to buildings, fire,
safety, plumbing, electrical, health or zoning, which, if such violation
existed, would be an immediate threat to health or safety, or where facts are
shown establishing that reasonable attempts to serve a previous warrant have
been unsuccessful. Where prior consent
has been sought and refused, notice to the owner or occupant that a warrant has
been issued must be given at least twenty-four (24) hours before the warrant is
executed, unless the judge finds that immediate execution is reasonably
necessary in the circumstances shown.
(Code
1967, § 37-7)
Sec. 34-8. Refusal to permit inspection prohibited;
penalty.
Any person who wilfully refuses to
permit an inspection lawfully authorized by warrant issued pursuant to this
article is guilty of a misdemeanor punishable as set forth in § 1-7 of this
code.
(Code
1967, § 37-8)