An inspection warrant is an order, in writing, in the name of the people, signed by a judge of a court of record, directed to a state or local official, commanding him to conduct any inspection required or authorized by state or local law or regulation relating to building, fire, safety, plumbing, electrical, health, labor, or zoning.
Of Special Proceedings of a Civil NatureInspection Warrants
Section § 1822.50
An inspection warrant is a written order from a judge that directs a state or local official to carry out an inspection. This inspection must be required or allowed by laws or rules about buildings, fires, safety, plumbing, electricity, health, labor, or zoning.
inspection warrant state official local official
Section § 1822.51
An inspection warrant can be issued if there's a good reason, unless another law says otherwise. It must include a detailed affidavit explaining where and why the inspection will happen. The affidavit also needs to show consent was either refused or explain why consent wasn't requested.
An inspection warrant shall be issued upon cause, unless some other provision of state or federal law makes another standard applicable. An inspection warrant shall be supported by an affidavit, particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent.
inspection warrant affidavit consent refusal
Section § 1822.52
This law says that there's enough reason to conduct an inspection if the place or thing meets certain governmental standards or if there's a belief that it doesn't meet the rules or regulations.
Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle.
inspection standards routine inspection area inspection
Section § 1822.53
Before a judge issues an inspection warrant, they have the right to question the person applying for the warrant and any other witnesses under oath. The judge must be convinced that there's a good reason for the warrant to be granted.
Before issuing an inspection warrant, the judge may examine on oath the applicant and any other witness, and shall satisfy himself of the existence of grounds for granting such application.
inspection warrant judge examination witness under oath
Section § 1822.54
If the judge believes the criteria for a warrant have been fulfilled, they will issue the warrant. This warrant must clearly detail each location or vehicle to be inspected, as well as the inspection's purpose and any restrictions.
If the judge is satisfied that the proper standard for issuance of the warrant has been met, he or she shall issue the warrant particularly describing each place, dwelling, structure, premises, or vehicle to be inspected and designating on the warrant the purpose and limitations of the inspection, including the limitations required by this title.
warrant issuance inspection limitations judge's satisfaction
Section § 1822.55
This law says that an inspection warrant can only be used for up to 14 days, unless the judge who issued it decides there's a good reason for it to be extended or renewed. The officer must complete the inspection and return the warrant to the judge within the time allowed. If the warrant isn't used within the set or extended period, it becomes invalid.
An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void.
inspection warrant 14 days extension
Section § 1822.56
This law outlines when inspections can be done under a warrant. Inspections can't happen at night, between 6:00 p.m. and 8:00 a.m., unless a judge says it's necessary. The owner or occupant must be present unless the judge allows otherwise. No forced entry is allowed unless a judge suspects a serious rule break, like building or safety issues, that threatens health or safety. If previous warrant attempts failed or if entrance was refused, notice must be given 24 hours before using the warrant unless immediate action is needed.
An inspection pursuant to this warrant may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry where facts are shown sufficient to create a reasonable suspicion of a violation of a state or local law or regulation
relating to building, fire, safety, plumbing, electrical, health, labor, or zoning, which, if such violation existed, would be an immediate threat to health or safety, or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused, notice that a warrant has been issued must be given at least 24 hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary in the circumstances shown.
inspection warrant forced entry owner presence
Section § 1822.57
If someone intentionally stops an inspection that's legally allowed by a warrant, they're committing a misdemeanor, which is a type of crime.
Any person who willfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to this title is guilty of a misdemeanor.
refusal to permit inspection willfully refuses lawful inspection
Section § 1822.58
This law allows officials from the Department of Fish and Game to get a warrant to inspect places where fish, amphibians, or aquatic plants are kept. This is done according to specific rules in the Fish and Game Code.
A warrant may be issued under the requirements of this title to authorize personnel of the Department of Fish and Game to conduct inspections of locations where fish, amphibia, or aquatic plants are held or stored under Division 12 (commencing with Section 15000) of the Fish and Game Code.
Department of Fish and Game inspection warrant fish storage
Section § 1822.59
This law allows a judge to issue a special warrant for inspecting specific areas to control or eradicate pests or diseases affecting animals or plants. These inspections are carried out by the Department of Food and Agriculture in urban areas and are limited to the outside parts of buildings, premises, or vehicles. The warrant must clearly describe the area to be inspected and its purpose. Inspectors can carry out inspections even if property owners do not agree, and they can enter properties using reasonable force if the warrant allows it.
(a)CA Civil Procedure Code § 1822.59(a) Notwithstanding the provisions of Section 1822.54, for purposes of an animal or plant pest or disease eradication effort pursuant to Division 4 (commencing with Section 5001) or Division 5 (commencing with Section 9101) of the Food and Agricultural Code, the judge may issue a warrant under the requirements of this title describing a specified geographic area to be inspected by authorized personnel of the Department of Food and Agriculture.
(b)CA Civil Procedure Code § 1822.59(b) A warrant issued pursuant to this section may only authorize the inspection of the exterior of places, dwellings,
structures, premises or vehicles, and only in areas urban in character. The warrant shall state the geographical area which it covers and the purpose of and limitations on the inspection.
(c)CA Civil Procedure Code § 1822.59(c) A warrant may be issued pursuant to this section whether or not the property owners in the area have refused to consent to the inspection. A peace officer may use reasonable force to enter a property to be inspected if so authorized by the warrant.
pest eradication disease control Department of Food and Agriculture
Section § 1822.60
This law allows for a warrant to be issued so that Department of Justice staff can carry out inspections according to specific procedures detailed in another section of the Business and Professions Code.
A warrant may be issued under the requirements of this title to authorize personnel of the Department of Justice to conduct inspections as provided in subdivision (a) of Section 19827 of the Business and Professions Code.
warrant issuance Department of Justice personnel conduct inspections
