Issuance; Grounds

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  1. Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
  2. The issuing judge shall issue the warrant when the 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 part.

(Code 1933, §§ 88-303a, 88-304a, enacted by Ga. L. 1975, p. 693, § 1; Ga. L. 2009, p. 453, § 3-1/HB 228.)

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Health and Environment, §§ 84, 85, 86.


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