Title 25, Chapter 2, Section 22.1
( 25-2-22.1)
(a) The Commissioner, his delegate, or any other person authorized
under this title to conduct inspections of property, in addition to
other procedures now or hereafter provided, may obtain an inspection
warrant under the conditions specified in this Code section. Such
warrant shall authorize the Commissioner or his delegate or such
authorized person to conduct a search or inspection of property
either with or without the consent of the person whose property is
to be searched or inspected if such search or inspection is one that
is elsewhere authorized under this title or the rules and
regulations duly promulgated hereunder. (b) Inspection warrants may be issued by any judge of the superior,
state, municipal, or magistrate court upon proper oath or
affirmation showing probable cause for the purpose of conducting
inspections authorized by this title or rules promulgated under this
title and for the seizure of property or the taking of samples
appropriate to the inspection. For the purposes of issuance of
inspection warrants, probable cause exists upon showing a valid
public interest in the effective enforcement of this title or rules
promulgated under this title sufficient to justify inspection of the
area, premise, building, or conveyance in the circumstances
specified in the application for the warrant. (c) A warrant shall be issued only upon affidavit of the
Commissioner or his designee or any person authorized to conduct
inspections pursuant to this title, sworn to before the judicial
officer and establishing the grounds for issuing the warrant. The
issuing judge may issue the warrant when he is satisfied that the
following conditions are met: (1) The one seeking the warrant must establish under oath or
affirmation that the property to be inspected is to be inspected
as a part of a legally authorized program of inspection which
includes that property or that there is probable cause for
believing that there is a condition, object, activity, or
circumstance which legally justifies such an inspection of that
property; and (2) The issuing judge determines that the issuance of the warrant
is authorized by this Code section. (d) The warrant shall: (1) State the grounds for its issuance and the name of each person
whose affidavit has been taken in support thereof; (2) Be directed to persons authorized by this title to conduct
inspections to execute it; (3) Command the persons to whom it is directed to inspect the
area, premise, building, or conveyance identified for the purpose
specified and, if appropriate, direct the seizure of the property
specified; (4) Identify the item or types of property to be seized, if any;
and (5) Designate the judicial officer to whom it shall be returned.
(e) A warrant issued pursuant to this Code section must be executed
and returned within ten days of its date of issuance 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
provided upon request 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. A copy of
the inventory shall be delivered upon request to the person from
whom or from whose premises the property was taken and to the
applicant for the warrant. (f) The judicial officer who has issued a warrant shall attach
thereto a copy of the return and all papers returnable in connection
therewith and file them with the clerk of the superior court for the
county in which the inspection was made. |