§ 19-03.1-33 — Administrative inspections and warrants

North Dakota § 19-03.1-33

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-03.1: Uniform Controlled Substances Act

Text

1. Issuance and execution of administrative inspection warrants must be as follows:
a. A district judge within a district judge's jurisdiction, and upon proper oath or
affirmation showing probable cause, may issue warrants for the purpose of
conducting administrative inspections authorized by this chapter or rules
hereunder and seizures of property appropriate to the inspections. For purposes
of the issuance of administrative inspection warrants, probable cause exists upon
showing a valid public interest in the effective enforcement of this chapter or rules
thereunder, 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 may 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 warrant. If the judge or magistrate is
satisfied that grounds for the application exist or that there is probable cause to
believe they exist, the judge or magistrate 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 must:
(1) State the grounds for its issuance and the name of each person whose
affidavit has been taken in support thereof;
(2) Be directed to a person authorized to execute it;
(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 item or types of property to be seized, if any; and
(5) Direct that it be served during normal business hours and designate the
judge or magistrate to whom it shall be returned.
c. A warrant issued pursuant to this section must be executed and returned within
ten 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 must
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 must be
made promptly, accompanied by a written inventory of any property taken. The
inventory must be made in the presence of the person executing 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
executing the warrant. A copy of the inventory must be delivered to the person
from whom or from whose premises the property was taken and to the applicant
for the warrant.

d. The judge or magistrate who has issued a warrant shall attach thereto a copy of
the return and all papers returnable in connection therewith and file them with the
clerk of the district court for the county in which the inspection was made.
2. The board may make administrative inspections of controlled premises in accordance
with the following provisions:
a. For purposes of this section only, "controlled premises" means:
(1) Places where persons registered or exempted from registration
requirements under this chapter are required to keep records; and
(2) Places, including factories, warehouses, establishments, and conveyances
in which persons registered or exempted from registration requirements
under this chapter are permitted to hold, manufacture, compound, process,
sell, deliver, or otherwise dispose of any controlled substance.
b. When authorized by an administrative inspection warrant issued pursuant to
subsection 1, an officer or employee designated by the board, upon presenting
the warrant and appropriate credentials to the owner, operator, or agent in
charge, may enter controlled premises for the purpose of conducting an
administrative inspection.
c. When authorized by an administrative inspection warrant, an officer or employee
designated by the board may:
(1) Inspect and copy records required by this chapter to be kept;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled
premises and all pertinent equipment, finished and unfinished material,
containers and labeling found therein, and, except as provided in
subdivision e, all other things therein, including records, files, papers,
processes, controls, and facilities bearing on violation of this chapter; and
(3) Inventory any stock of any controlled substance therein and obtain samples
thereof.
d. This section does not prevent the inspection without a warrant of books and
records pursuant to an administrative subpoena issued in accordance with
section 28-32-33, nor does it prevent entries and administrative inspections,
including seizures of property, without a warrant:
(1) If the owner, operator, or agent in charge of the controlled premises
consents;
(2) In situations presenting imminent danger to health or safety;
(3) In situations involving inspection of conveyances if there is reasonable
cause to believe that the mobility of the conveyance makes it impracticable
to obtain a warrant;
(4) In any other exceptional emergency circumstances in which time or
opportunity to apply for a warrant is lacking; or
(5) In all other situations in which a warrant is not constitutionally required.
e. An inspection authorized by this section may 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.