Emergency inspectorial searches.

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

A. Whenever it reasonably appears to an inspection officer that there may be a condition, arising under the laws he is authorized to enforce and imminently dangerous to health and safety, the detection or correction of which requires immediate access, without prior notice, to premises for purposes of inspectorial search, and if consent to such search is refused or cannot be promptly obtained, the inspection officer may make an emergency inspectorial search of the premises without an inspection order.

B. Upon completion of the emergency inspectorial search, the inspection officer shall make prompt report of the circumstances to the judicial or administrative authority to whom application for an inspection order would otherwise have been made.

History: 1953 Comp., § 12-34-19, enacted by Laws 1973, ch. 359, § 19.

ANNOTATIONS

Cross references. — For constitutional provision relating to searches and seizures, see N.M. Const., art. II, § 10.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.


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