Title 27, Chapter 4, Section 263
( 27-4-263)
(a) Any inspector or other person authorized to ascertain compliance
with any rule or regulation of the department pertaining to the
production or sale of domestic fish may enter during normal business
hours and inspect the premises of a registered seller or producer of
domestic fish to determine whether such person is in compliance with
the rules and regulations of the department. (b) In the event any person refuses to give his consent to an
inspection as provided in subsection (a) of this Code section, the
commissioner or any person authorized to make inspections may seek a
warrant to make an inspection as provided in this subsection: (1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when
supported by an affidavit particularly describing the place,
dwelling, structure, premises, or vehicle to be inspected and the
purpose for which the inspection is to be made. In addition, the
affidavit shall contain either a statement that consent to inspect
has been sought and refused or facts or circumstances reasonably
justifying the failure to seek such consent. 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; (3) An inspection warrant shall be effective for the time
specified therein, but not for a period of more than 14 days,
unless extended or renewed by the judicial officer 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 judicial officer 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; (4) An inspection pursuant to an inspection warrant shall be made
between 8:00 A.M. and 6:00 P.M. of any day or at any time during
operating or regular business hours. An inspection should not be
performed in the absence of an owner or occupant of the particular
place, dwelling, structure, premises, or vehicle unless
specifically authorized by the judicial officer 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 judicial officer may expressly authorize a forcible entry
where facts are shown which are sufficient to create a reasonable
suspicion of a violation of this title, which, if such violation
existed, would be an immediate threat to health, safety, or
welfare 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 and a warrant has
been issued, the warrant may be executed without further notice to
the owner or occupant of the particular place, dwelling,
structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an
inspection pursuant to an inspection warrant issued as provided in
this subsection. Any person violating this paragraph shall be
guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in
writing, signed by a judicial officer, directed to the
commissioner or any person authorized to make inspections for the
department, and commanding him or her to conduct any inspection
authorized by any rules or regulations promulgated pursuant to
this article. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this article. |