§ 595-B:2 — Requirements for Issue

I. An inspection warrant shall be issued only upon the request of an official or employee of a state agency, municipality, or other political subdivision and only upon a showing of probable cause supported by affidavit. The affidavit shall particularly describe the place, dwelling, structure, premises, vehicle or records to be inspected and the purpose for which the inspection is to be made. In addition, if testing or sampling is requested, the affidavit shall describe the time and manner of such testing or sampling. In all cases, the affidavit shall contain either a statement that the consent to inspect has been sought and refused, or facts or circumstances reasonably justifying the failure to seek such consent.
II. Probable cause, as required by paragraph I, shall be deemed to exist if either legislative or administrative standards for conducting a routine or area inspection, testing or sampling are satisfied with respect to the particular place, dwelling, structure, premises, vehicle or records, or there is probable cause to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, vehicle or records.
III. Before issuing an inspection warrant, a justice, associate justice, or special justice may examine the applicant and any other witness under oath, and shall satisfy himself of the existence of grounds for granting such application.

Legislative History

1981, 533:1. 1987, 342:2. 1991, 231:9, eff. Aug. 9, 1991.