Issuance and execution of administrative inspection warrants shall be as follows:
A. a magistrate, within his jurisdiction and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections and seizures of property authorized by the Controlled Substances Act. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the Controlled Substances Act sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant;
B. a warrant shall issue only upon an affidavit of a designated officer or employee having actual knowledge of the alleged facts, sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the warrant exist, he shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:
(1) state the grounds for its issuance and the name of each person whose affidavit has been taken in its support;
(2) be directed to a person authorized by Section 29 [30-31-30 NMSA 1978] or a state police officer to serve and carry out the warrant;
(3) command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(4) identify the items or types of property to be seized, if any; and
(5) direct that it be served during normal business hours or other hours designated by the magistrate and designate the magistrate to whom it shall be returned;
C. a warrant issued pursuant to this section must be served and returned within five days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy of the warrant shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person serving the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person serving the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and the applicant for the warrant; and
D. the magistrate who has issued a warrant shall attach a copy of the return and all papers returnable in connection with it and file them with the clerk of the magistrate court.
History: 1953 Comp., § 54-11-30, enacted by Laws 1972, ch. 84, § 30.
ANNOTATIONSCross references. — For constitutional guarantee against unreasonable searches and seizures, see N.M. Const., art. II, § 10.
For issuance of search warrants generally, see Rule 5-211 NMRA.
Probable cause. — Application for a warrant to search defendant's car, which as grounds for its issuance merely claimed that a packet of marijuana had been found in the trunk thereof, did not state probable cause and was constitutionally inadequate, as it gave no clue relating to the basis for the statement. State v. Lewis, 1969-NMCA-041, 80 N.M. 274, 454 P.2d 360, overruled on other grounds by State v. Nemrod, 1973-NMCA-059, 85 N.M. 118, 509 P.2d 885, overruled on other grounds by State v. Vigil, 1974-NMCA-065, 86 N.M. 388, 524 P.2d 1004, cert. denied, 87 N.M. 345, 533 P.2d 578 (S. Ct. 1975), 420 U.S. 955, 95 S. Ct. 1339, 43 L. Ed. 2d 432 (1975).
Affidavit. — Former law providing for issuance of a search warrant upon affidavit by a legal voter of the state, for the purpose of searching for narcotic drugs, did not require a recital in the affidavit that the affiant was a legal voter. State v. Chavez, 1966-NMSC-269, 77 N.M. 274, 421 P.2d 796, denial of motion for post-conviction relief, aff'd, 1968-NMCA-096, 79 N.M. 741, 449 P.2d 343 (decided under prior law).