34-43-7. Prohibited inspections--Exceptions. An inspection made pursuant to a warrant authorized by §§ 34-43-1 to 34-43-8, inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless specifically authorized by the magistrate judge or circuit court judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection may not be made by means of forcible entry, except if expressly authorized by the magistrate judge or circuit court judge if the facts are sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning, which, if such violation existed, would be a direct threat to health or safety, and if the facts establish that reasonable attempts to serve a previous warrant have been unsuccessful.
Source: SL 1986, ch 290, § 7.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.