§ 40:986 — Administrative inspections and warrants

Louisiana § 40:986

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§986. Administrative inspections and warrants
A. Issuance and execution of administrative inspection warrants shall be as follows:
(1) Any judge of a state court of record, or any state magistrate of any court of record
may, within his jurisdiction, and upon proper oath or affirmation after being satisfied there
is probable cause to believe that legal grounds exist for the issuance of such warrant, issue
warrants for the purpose of conducting administrative inspections authorized by this Part or
regulations thereunder, and may authorize seizure of property related to such inspections. (2) A warrant shall issue only upon an affidavit of any law enforcement officer or
employee designated in R.S. 40:984 having knowledge of the facts alleged, sworn to before
a judge or magistrate of any court of record and establishing the grounds for issuing the
warrant. If the judge or magistrate of any court of record is satisfied that grounds for the
application exist or that there is probable cause to believe they exist, he shall issue a warrant
identifying the area, premises, building, or conveyance to be inspected, the purpose of such
inspection, and, where appropriate, the type of property to be inspected, if any. The warrant
shall also identify the item or types of property to be seized, if any. The warrant shall be
directed to a person authorized by R.S. 40:984 to execute it. The warrant shall state the
grounds for its issuance and the name of the person or persons whose affidavit has been
taken in support thereof. It shall command the person to whom it is directed to inspect the
area, premises, building, or conveyance identified for the purposes specified, and, where
appropriate, shall also direct the seizure of the property specified. The warrant shall direct
that it be served during normal business hours. It shall designate the judge or magistrate of
any court of record to whom it shall be returned.
(3) A warrant issued pursuant to this Section shall be executed and returned within
ten days of its date. If property is seized pursuant to a warrant, the person executing the
warrant shall give to the person from whom or from whose premises the property was taken
a copy of the warrant and a receipt for the property taken. The return of the warrant shall be
made promptly and shall be accompanied by a written inventory of any property taken. The
inventory shall be made in the presence of the person executing the warrant and of the person
from whose possession or premises the property was taken. The judge or magistrate of any
court of record, upon request, shall deliver a copy of the inventory to the person from whom
or from whose premises the property was taken and to the applicant for the warrant.
(4) The judge or magistrate of any court of record who has issued a warrant under
this Section shall attach to the warrant a copy of the return and all papers filed in connection
therewith and shall file them with the clerk of the state court for the judicial district in which
the inspection was made.
B. The Louisiana Board of Pharmacy is authorized to make administrative
inspections of controlled premises in accordance with the following provisions:
(1) For purposes of this Section only, "controlled premises" means all of the
following:
(a) Places where persons licensed or exempted from licensing requirements under
this Part are required to keep records.
(b) Places including factories, warehouses, establishments, and conveyances where
persons licensed or exempted from licensing requirements under this Part are permitted to
possess, manufacture, compound, process, sell, deliver, or otherwise dispose of any
controlled dangerous substance.
(2) When so authorized by an administrative inspection warrant issued pursuant to
Subsection A of this Section a law enforcement officer or an employee as designated in R.S.
40:984, upon presenting the warrant and appropriate credentials to the owner, operator, or
agent in charge, shall have the right to enter controlled premises for the purpose of
conducting such an administrative inspection.
(3) When so authorized by an administrative inspection warrant, a law enforcement
officer or an employee as designated in R.S. 40:984 shall have the right:
(a) To inspect and copy records required by this Part to be kept.
(b) To inspect, within reasonable limits and in a reasonable manner, the controlled
premises and all pertinent equipment, finished and unfinished material, containers and
labeling found therein, and except as provided in Paragraph (5) of this Subsection, all other
things therein including records, files, papers, processes, controls, and facilities subject to
regulation and control by the provisions of this Part or by regulations promulgated by the
Louisiana Board of Pharmacy.
(c) To inventory any stock of any controlled dangerous substance therein and obtain
samples of any such substance.
(4) This Section shall not be construed to prevent the inspection without a warrant
of books and records pursuant to an administrative subpoena issued in accordance with this
Section, nor shall this Section be construed to prevent entries and administrative inspections
including seizures of property without a warrant:
(a) With the written consent of the owner, operator, or agent in charge of the
controlled premises;
(b) In situations involving inspection of conveyances where there is probable cause
to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(5) Except when the owner, operator, or agent in charge of the controlled premises
so consents in writing, no inspection authorized by this Section shall extend to any of the
following:
(a) Financial data.
(b) Sales data other than shipment data.
(c) Pricing data.

Legislative History

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.