595-B:1 Definition. – An inspection warrant shall be a written order in the name of the state, signed by a justice, associate justice or special justice of any municipal, district or superior court, directed to an official or employee of a state agency, municipality, or other political subdivision, commanding him to conduct any inspection, […]
595-B:1-a Scope. – The uniform procedures set forth in this chapter shall be applicable to all persons authorized by law to act in the name of the state to conduct any inspection, testing or sampling, and who do not have legal consent for such inspection, testing, or sampling, including but not limited to officials […]
595-B:2 Requirements for Issue. – I. An inspection warrant shall be issued only upon the request of an official or employee of a state agency, municipality, or other political subdivision and only upon a showing of probable cause supported by affidavit. The affidavit shall particularly describe the place, dwelling, structure, premises, vehicle or records […]
595-B:3 Issue; Contents. – If a justice, associate justice, or special justice is satisfied that probable cause for the inspection, testing or sampling exists, he shall issue the warrant particularly describing each place, dwelling, structure, premises, vehicle or record to be inspected, tested or sampled, designating on the warrant the purpose and limitations of […]
595-B:4 Duration. – An inspection warrant shall be returned to the court to which it is made returnable as soon as it has been executed, and in any event not later than 7 days from the date of its issuance, unless extended or renewed by the justice, associate justice, or special justice who signed […]
595-B:5 Conduct of Inspection; Notice. – An inspection, testing or sampling pursuant to a warrant issued under this chapter shall not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, unless specifically authorized by the person issuing such warrant upon a showing that such authority is reasonably necessary […]
595-B:6 Receipt for Samples; Inventory and Return. – An official or employee of a state agency, municipality, or other political subdivision executing an inspection warrant shall give a copy of the warrant to the person owning or occupying the particular place, dwelling, structure, premises, vehicle or records which are the subject of the warrant, […]
595-B:7 Evidence. – Failure to obtain an inspection warrant or to execute such a warrant in accordance with this chapter or the terms of the warrant shall not be cause for the exclusion of evidence derived from or obtained pursuant to any inspection, testing, or sampling, in any civil or criminal proceeding, if the […]
595-B:8 Refusal to Permit Authorized Inspection. – Any person who knowingly refuses to permit an inspection, testing or sampling lawfully authorized by a warrant issued pursuant to this chapter shall be guilty of a misdemeanor. Source. 1981, 533:1, eff. Aug. 29, 1981.
595-B:9 Application Limited. – This chapter shall not apply to the application for warrants by personnel within the department of fish and game and the division of state police, and shall in no way affect the issuance of warrants at the request of persons within the department or division under other provisions of law. […]
