Rule 80E.Administrative Inspection Warrants

An official or employee authorized by law to inspect premises can apply to a District Court judge, in the division and district where the property sits, for a warrant to inspect particularly described premises for a particularly described, statutorily authorized purpose. The sworn application must set out the applicant's statutory authority, the premises and purpose, whether the inspection is part of a general area sweep (and if so, the probable cause for suspecting violations in that area) or targets particular premises (with probable cause specific to them), that permission was requested from the owner or occupant and denied, and that the applicant gave at least 24 hours' written notice of when and where the application would be presented to the court. That notice-and-denial showing can be skipped if the application instead shows probable cause that conditions on the premises pose an immediate threat to public health or safety.

On a finding of probable cause, the judge issues the warrant — but if the owner or occupant is present when the application is presented, no warrant issues until that person has had a chance to voice any opposition. The warrant itself must specify the grounds for probable cause, the premises, the inspection's purpose, and who is authorized to conduct it. Execution must happen during normal business hours within 10 days of issuance, with a copy delivered to the owner or occupant or left in a conspicuous place, and the executing person must file a return with the issuing court within 10 days of execution, describing the inspection and any violations found.