§ 35-7-1046 — Administrative inspection warrants

Wyoming § 35-7-1046

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 6: IMITATION BUTTER AND CHEESE; OLEOMARGARINE
• Art. 10: CONTROLLED SUBSTANCES

Text

(a) Issuance and execution of administrative inspection
warrants for controlled premises as defined in this section
shall be as follows:
(i) Any district court judge or district court
commissioner upon proper oath or affirmation showing probable
cause, may issue warrants for the purpose of conducting
administrative inspections authorized by this act or rules
hereunder, and seizures of property appropriate to such
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 act, as it
relates to the regulation of the legitimate traffic in
controlled substances, sufficient to justify administrative
inspection of the area, premises, building or conveyance in the
circumstances specified in the application for the warrant;
(ii) A warrant shall issue only upon an affidavit of
a designated officer or employee of the board or of the
commissioner having knowledge of the facts alleged, sworn to
before the district judge or district court commissioner
establishing the grounds for issuing the warrant. If the
district judge or district court commissioner 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 the inspection, and, if appropriate,
the type of property to be inspected, if any. The warrant shall:
(A) State the grounds for its issuance and the
name of each person whose affidavit has been taken in support
thereof;
(B) Be directed to a person authorized by W.S.
35-7-1045 to execute it;
(C) 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;
(D) Identify the item or types of property to be
seized, if any;
(E) Direct that it be served during normal
business hours and designate the judge to whom it shall be
returned.
(iii) A warrant issued pursuant to this section must
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. If property is seized pursuant to a warrant, a
copy 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
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 (1) credible person other than the person
executing the warrant. 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 warrant;
(iv) The judge or district court commissioner 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 judicial district in
which the inspection was made.
(b) The board may make administrative inspections of
controlled premises in accordance with the following provisions:
(i) For purposes of this section only, "controlled
premises" means:
(A) Places where persons registered or exempted
from registration requirements under this act are required to
keep records; and
(B) Places including factories, warehouses,
establishments, and conveyances in which persons registered or
exempted from registration requirements under this act other
than an ultimate user are permitted to hold, manufacture,
compound, process, sell, deliver, or otherwise dispose of any
controlled substance.
(ii) When authorized by an administrative inspection
warrant issued pursuant to subsection (a) of this section an
officer or employee designated by the board or commissioner,
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;
(iii) When authorized by an administrative inspection
warrant, an officer or employee designated by the board or
commissioner may:
(A) Inspect and copy records required by this
act to be kept;
(B) 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 paragraph
(b)(v) of this section, all other things therein, including
records, files, papers, processes, controls, and facilities
bearing on violation of this act; and
(C) Inventory any stock of any controlled
substance therein and obtain samples thereof.
(iv) This section does not prevent the inspection
without a warrant of books and records pursuant to an
administrative subpoena issued in accordance with the Wyoming
Administrative Procedure Act and the rules promulgated
thereunder, nor does it prevent entries and administrative
inspections, including seizures of property, without a warrant:
(A) If the owner, operator, or agent in charge
of the controlled premises consents;
(B) In situations presenting imminent danger to
health or safety where a warrant is not constitutionally
required;
(C) 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;
(D) In any other exceptional or emergency
circumstance where time or opportunity to apply for a warrant is
lacking and a warrant is not constitutionally required; or
(E) In all other situations in which a warrant
is not constitutionally required.
(v) An inspection authorized by this section shall
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.