New Hampshire Revised Statutes 595-B:2 – Requirements for Issue
Current as of: 2023 | Check for updates
|
Other versions
I. An inspection warrant shall be issued only upon the request of an official or employee of a state agency, municipality, or other political subdivision and only upon a showing of probable cause supported by affidavit. The affidavit shall particularly describe the place, dwelling, structure, premises, vehicle or records to be inspected and the purpose for which the inspection is to be made. In addition, if testing or sampling is requested, the affidavit shall describe the time and manner of such testing or sampling. In all cases, the affidavit shall contain either a statement that the consent to inspect has been sought and refused, or facts or circumstances reasonably justifying the failure to seek such consent.
II. Probable cause, as required by paragraph I, shall be deemed to exist if either legislative or administrative standards for conducting a routine or area inspection, testing or sampling are satisfied with respect to the particular place, dwelling, structure, premises, vehicle or records, or there is probable cause to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, vehicle or records.
III. Before issuing an inspection warrant, a justice, associate justice, or special justice may examine the applicant and any other witness under oath, and shall satisfy himself of the existence of grounds for granting such application.
II. Probable cause, as required by paragraph I, shall be deemed to exist if either legislative or administrative standards for conducting a routine or area inspection, testing or sampling are satisfied with respect to the particular place, dwelling, structure, premises, vehicle or records, or there is probable cause to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, vehicle or records.
Terms Used In New Hampshire Revised Statutes 595-B:2
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Before issuing an inspection warrant, a justice, associate justice, or special justice may examine the applicant and any other witness under oath, and shall satisfy himself of the existence of grounds for granting such application.