HF 1629

Introduction - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to warrants; providing for inspection 
  1.3             warrants; providing a penalty; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 626. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [626.221] [INSPECTION WARRANTS.] 
  1.7      Subdivision 1.  [DEFINITION.] An inspection warrant is an 
  1.8   order, in writing, signed by a judge of a court of record, 
  1.9   directed to a state or local official, commanding the official 
  1.10  to conduct any inspection required or authorized by state or 
  1.11  local law, rule, or regulation, relating to health, safety, 
  1.12  housing, housing maintenance, building, fire or fire prevention, 
  1.13  pollution, plumbing, electrical, or zoning. 
  1.14     Subd. 2.  [REQUIREMENTS FOR ISSUE.] An inspection warrant 
  1.15  may be issued only upon probable cause, unless some other 
  1.16  provision of state or federal law makes another standard 
  1.17  applicable.  An inspection warrant must be supported by an 
  1.18  affidavit, particularly describing the place, dwelling, 
  1.19  structure, premises, or vehicle to be inspected and the purpose 
  1.20  for which the inspection is sought.  In addition, the affidavit 
  1.21  must contain (1) either a statement that consent to inspect has 
  1.22  been sought and refused or (2) facts or circumstances reasonably 
  1.23  justifying the failure to seek the consent. 
  1.24     Subd. 3.  [PROBABLE CAUSE.] Probable cause exists if either 
  1.25  reasonable legislative or administrative standards for 
  2.1   conducting a routine, required, or area inspection are satisfied 
  2.2   with respect to the particular place, dwelling, structure, 
  2.3   premises, or vehicle, or there is reason to believe that a 
  2.4   condition of nonconformity exists with respect to the particular 
  2.5   place, dwelling, structure, premises, or vehicle. 
  2.6      Subd. 4.  [EXAMINATION OF APPLICANT.] Before issuing an 
  2.7   inspection warrant, the judge may examine, on oath, the 
  2.8   applicant or any other witness, and shall satisfy the court of 
  2.9   the existence of grounds for granting the application.  The 
  2.10  court must take the affidavits in writing, and cause them to be 
  2.11  subscribed to by the parties making them. 
  2.12     Subd. 5.  [ISSUANCE OF WARRANT.] If the judge is satisfied 
  2.13  that the proper standard for issuance of the warrant has been 
  2.14  met, the judge shall issue the warrant particularly describing 
  2.15  each place, dwelling, structure, premises, or vehicle to be 
  2.16  inspected, and designating on the warrant the purpose and limit 
  2.17  of the inspection, including the limit required by this section. 
  2.18     Subd. 6.  [EXECUTION AND RETURN OF WARRANT; TIME.] An 
  2.19  inspection warrant is effective for the time specified in it, 
  2.20  but not for a period of more than ten days, unless extended or 
  2.21  renewed by the judge who signed and issued the original warrant, 
  2.22  upon satisfying the judge that the extension or renewal is in 
  2.23  the public interest.  The inspection warrant must be executed 
  2.24  and returned to the court by which it was issued within the time 
  2.25  specified in the warrant or within the extended or renewed 
  2.26  time.  After the expiration of the time, the warrant, unless 
  2.27  executed, is void. 
  2.28     Subd. 7.  [CONDUCT OF INSPECTION; NOTICE.] An inspection 
  2.29  pursuant to this warrant may not be made between 8:00 p.m. of 
  2.30  any day and 7:00 a.m. of the next day, nor in the absence of an 
  2.31  owner or occupant of the particular place, dwelling, structure, 
  2.32  premises, or vehicle unless specifically authorized by the judge 
  2.33  upon a showing that the authority is reasonably necessary to 
  2.34  effect the purpose of the regulation being enforced.  An 
  2.35  inspection pursuant to a warrant must not be made by means of 
  2.36  forcible entry, except that the judge may expressly authorize a 
  3.1   forcible entry if facts are shown sufficient to create a 
  3.2   reasonable suspicion of a violation of a state or local law, 
  3.3   rule, or regulation relating to health, safety, housing, housing 
  3.4   maintenance, building, fire or fire prevention, pollution, 
  3.5   plumbing, electrical matters, or zoning, that, if the violation 
  3.6   exists, is an immediate threat to health or safety, or if facts 
  3.7   are shown establishing that reasonable attempts to serve a 
  3.8   previous warrant have been unsuccessful.  If prior consent was 
  3.9   sought and refused, notice that a warrant has been issued must 
  3.10  be given at least 24 hours before the warrant is executed, 
  3.11  unless the judge finds that immediate execution is reasonably 
  3.12  necessary in the circumstances shown. 
  3.13     Subd. 8.  [REFUSAL TO PERMIT AUTHORIZED INSPECTION; 
  3.14  OFFENSE.] A person who willfully refuses to permit an inspection 
  3.15  lawfully authorized by warrant issued pursuant to this section 
  3.16  is guilty of a misdemeanor.