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§ 2-103.2. Search warrant application and inspections

West's Annotated Code of MarylandAgricultureEffective: October 1, 2010

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 1. Organization, Powers and Authority of Department-in General
Effective: October 1, 2010
MD Code, Agriculture, § 2-103.2
§ 2-103.2. Search warrant application and inspections
In general
(a) The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any farm to conduct any inspection required or authorized by law to determine compliance with the provisions relating to the control and restriction of farmland, crops, livestock, poultry, or farm products, exposed to or contaminated by any radiological or chemical toxic material or agent or infected or infested with any disease or pest.
Written, signed, and sworn applications
(b)(1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.
(2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section, and a statement to this effect shall be included as part of the application.
Issuance of warrant
(c) A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:
(1) The applicant has sought access to the property for the purpose of making an inspection;
(2)(i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, access to the property has been denied; or
(ii) After making a reasonable effort, the applicant has been unable to locate the owner, tenant, or other individual in charge of the property;
(3) The requirements of subsection (b) of this section are met;
(4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and
(5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of any farmland, crops, livestock, poultry, or farm product exposed to or contaminated by any radiological or chemical agent or infected or infested with any disease or pest.
Place, structure, premises, vehicle, or records to be inspected
(d)(1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected.
(2) The inspection conducted may not exceed the limits specified in the warrant.
Administrative search warrants
(e) An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine whether the farmland, crops, livestock, poultry, or farm product is contaminated by a radiological or chemical agent or infected or infested with a disease or pest.
Deadline to execute warrant
(f) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
(1) The time specified in the warrant, not to exceed 30 days; or
(2) If no time period is specified in the warrant, 15 days from the date of issuance of the warrant.

Credits

Added by Acts 2010, c. 34, § 1, eff. Oct. 1, 2010.
MD Code, Agriculture, § 2-103.2, MD AGRIC § 2-103.2
Current through all legislation from the 2020 Regular Session of the General Assembly.
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