Issuance of Inspection Warrants; Evidence Generated Inadmissible in Criminal Proceedings

  1. Law
  2. Georgia Code
  3. Education
  4. Early Care and Learning
  5. General Provisions
  6. Issuance of Inspection Warrants; Evidence Generated Inadmissible in Criminal Proceedings

Checkout our iOS App for a better way to browser and research.

  1. As used in this chapter, the term "inspection warrant" means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department.
  2. The commissioner or the commissioner's delegate, 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 the commissioner's agents 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 the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department.
  3. Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
  4. The issuing judge shall issue the warrant when such judge 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.
  5. The inspection warrant shall be validly issued only if it meets the following requirements:
    1. The warrant is attached to the affidavit required to be made in order to obtain the warrant;
    2. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;
    3. The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
    4. The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.
  6. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.

(Code 1981, §20-1A-15, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)

Editor's notes.

- Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.


Download our app to see the most-to-date content.