§ 5-64-502 — Issuance and execution of administrative inspection warrants

(a) Issuance and execution of an administrative inspection warrant shall be as follows: (1) (A) A judge of a court of record, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue a warrant for the purpose of conducting an administrative inspection authorized by this chapter or a rule under this chapter, and a seizure of property appropriate to the administrative inspection. (B) For purposes of the issuance of an administrative inspection warrant, probable cause exists from showing a valid public interest in the effective enforcement of this chapter or a rule under this chapter, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the administrative inspection warrant; (2) (A) An administrative inspection warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate, and establishing the grounds for issuing the administrative inspection warrant. (B) If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he or she shall issue an administrative inspection 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. (C) The administrative inspection warrant shall: (i) State the grounds for its issuance and the name of each person whose affidavit has been taken in support of it; (ii) Be directed to a person authorized by § 5-64-501 to execute it; (iii) 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; (iv) Identify the item or types of property to be seized, if any; and (v) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned; (3) (A) An administrative inspection warrant issued pursuant to this section shall be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. (B) If property is seized pursuant to an administrative inspection warrant, a copy of the administrative inspection 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. (C) (i) The return of the administrative inspection warrant shall be made promptly, accompanied by a written inventory of any property taken. (ii) The inventory shall be made in the presence of the person executing the administrative inspection warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one (1) credible person other than the person executing the administrative inspection warrant. (iii) A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the administrative inspection warrant; and (4) The judge or magistrate who has issued an administrative inspection warrant shall attach to it a copy of the return and any paper returnable in connection with it and file the administrative inspection warrant, the copy of the return, and any paper returnable in connection with the administrative inspection warrant with the circuit clerk of the county where the inspection was made. (b) The Arkansas Drug Director may make an administrative inspection of controlled premises in accordance with the following provisions: (1) As used in this section, "controlled premises" means: (A) A place where a person is required by state law to keep records; and (B) A place including a factory, warehouse, establishment, or conveyance where a person registered or exempted from registration requirements under this chapter is permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance; (2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the director, upon presenting the administrative inspection warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection; (3) When authorized by an administrative inspection warrant, an officer or employee designated by the director may: (A) Inspect and copy a record required by this chapter to be kept; (B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and any pertinent equipment, finished and unfinished material, container or labeling found in the controlled premises, and, except as provided in subdivision (b)(5) of this section, any other thing in the controlled premises, including a record, file, paper, process, control, or facility bearing on a violation of this chapter; and (C) Inventory any stock of any controlled substance in the controlled premises and obtain samples of the stock of any controlled substance; (4) This section does not prevent the inspection without an administrative inspection warrant of a book or record pursuant to an administrative subpoena, nor does it prevent an entry or an administrative inspection, including a seizure of property, without an administrative inspection warrant: (A) If the owner, operator, or agent in charge of the controlled premises consents; (B) In a situation presenting imminent danger to health or safety; (C) In a situation involving inspection of a conveyance if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain an administrative inspection warrant; (D) In any other exceptional or emergency circumstance when time or opportunity to apply for an administrative inspection warrant is lacking; or (E) In any other situation in which an administrative inspection warrant is not constitutionally required; and (5) An inspection authorized by this section does not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

Legislative History

Acts 1971, No. 590, Art. 5, § 2; A.S.A. 1947, § 82-2626; Acts 2005, No. 1994, § 308.