Terms Used In Vermont Statutes Title 6 Sec. 12

  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

§ 12. Search warrants

(a) Upon application by the Secretary or a person designated by the Secretary, a District or Superior Court judge shall, upon a finding of probable cause, issue an administrative search warrant to search property for violation of any provision of this title, 9 Vt. Stat. Ann. chapter 73, or any other law administered by the Secretary of Agriculture, Food and Markets. A court may find that probable cause for an administrative search warrant under this section exists when:

(1) the Secretary or a person designated by the Secretary has reason to believe that a provision of this title, 9 Vt. Stat. Ann. chapter 73, or any other law administered by the Secretary has been violated; or

(2) permission to inspect has been refused and the property to be searched is subject to routine inspections in connection with a regulatory program administered by the Secretary of Agriculture, Food and Markets.

(b) The provisions of Rule 41(c) and (d) of the Vermont Rules of Criminal Procedure shall apply to warrants issued under this section. (Added 1987, No. 277 (Adj. Sess.), § 3; amended 1991, No. 228 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff. May 27, 2003.)