ADMINISTRATIVE INSPECTION WARRANTS

RSA tit. LIX, ch. 595-B

in effect

RSA 595-B:1 Definition.

595-B:1. Definition. An inspection warrant shall be a written order in the name of the state, signed by a justice, associate justice or special justice of any municipal, district or superior court, directed to an official or employee of a state agency, municipality, or other political subdivision, commanding him to conduct any inspection, testing or sampling required or specifically authorized by state law or administrative rule, or municipal ordinance, code or regulation. Source. 1981, 533:1. 1987, 342:1. 1991, 231:7, eff. Aug. 9, 1991.

RSA 595-B:1-a Scope.

595-B:1-a. Scope. The uniform procedures set forth in this chapter shall be applicable to all persons authorized by law to act in the name of the state to conduct any inspection, testing or sampling, and who do not have legal consent for such inspection, testing, or sampling, including but not limited to officials or employees of state agencies, municipal fire departments, building inspectors, or other code enforcement officials, health officers, members of local land use boards, and assessing officials. Source. 1991, 231:8, eff. Aug. 9, 1991.

RSA 595-B:2 Requirements for Issue.

595-B:2. Requirements for Issue. 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. Source. 1981, 533:1. 1987, 342:2. 1991, 231:9, eff. Aug. 9, 1991.

RSA 595-B:3 Issue; Contents.

595-B:3. Issue; Contents. If a justice, associate justice, or special justice is satisfied that probable cause for the inspection, testing or sampling exists, he shall issue the warrant particularly describing each place, dwelling, structure, premises, vehicle or record to be inspected, tested or sampled, designating on the warrant the purpose and limitations of the inspection, testing or sampling, including the limitations required by this chapter. The person issuing a warrant shall retain each affidavit submitted in support of any warrant and shall either make personal notes of the substance, or arrange for a transcript, of any oral statements made under oath supplementing the affidavit. The person issuing the search warrant shall then deliver the affidavit and the notes or transcript within 3 days after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of a warrant, the accompanying affidavit and the notes or transcript shall be attached to and filed with the warrant by the clerk of the court to which the warrant is returned. Warrants shall be public documents upon their return unless otherwise ordered by a court of record. Source. 1981, 533:1, eff. Aug. 29, 1981.

RSA 595-B:4 Duration.

595-B:4. Duration. An inspection warrant shall be returned to the court to which it is made returnable as soon as it has been executed, and in any event not later than 7 days from the date of its issuance, unless extended or renewed by the justice, associate justice, or special justice who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. An inspection warrant shall be executed and returned to the person 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, shall be void. Source. 1981, 533:1, eff. Aug. 29, 1981.

RSA 595-B:5 Conduct of Inspection; Notice.

595-B:5. Conduct of Inspection; Notice. An inspection, testing or sampling pursuant to a warrant issued under this chapter shall not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, unless specifically authorized by the person issuing such warrant upon a showing that such authority is reasonably necessary to effectuate the purpose of the law, rule, code, ordinance, or regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the person issuing such warrant may expressly authorize a forcible entry when facts are shown sufficient to suggest a probable violation of a state law or rule, or municipal ordinance, code, or regulation, which, if such violation existed, would present an immediate threat to public health or safety, or when facts are shown which establish that reasonable attempts to serve a previous warrant have been unsuccessful. Notwithstanding any law to the contrary, an official or employee of a state agency, municipality, or other political subdivision executing an inspection warrant may be accompanied by suitable assistants, including a sheriff or his deputy, any state police officer, or any constable or police officer of any city or town. Source. 1981, 533:1. 1987, 342:3. 1991, 231:10, eff. Aug. 9, 1991.

RSA 595-B:6 Receipt for Samples; Inventory and Return.

595-B:6. Receipt for Samples; Inventory and Return. An official or employee of a state agency, municipality, or other political subdivision executing an inspection warrant shall give a copy of the warrant to the person owning or occupying the particular place, dwelling, structure, premises, vehicle or records which are the subject of the warrant, or in the absence of such person, the official or employee shall leave a copy of the warrant at the place, dwelling, structure, premises or vehicle where the inspection is made. In addition, if an official or employee of a state agency, municipality, or other political subdivision takes samples under an inspection warrant, he shall give to the person from whom, or from whose premises, the samples were taken a receipt for the samples taken, or shall leave the receipt at the place from which the samples were taken. The return shall be made promptly and shall be accompanied by a written inventory of any samples taken. The justice of a court of record shall attach to the warrant a copy of the return, inventory and all other papers in connection therewith and shall file them with a clerk of the court to which the warrant is returnable. Source. 1981, 533:1. 1987, 342:4. 1991, 231:11, eff. Aug. 9, 1991.

RSA 595-B:7 Evidence.

595-B:7. Evidence. Failure to obtain an inspection warrant or to execute such a warrant in accordance with this chapter or the terms of the warrant shall not be cause for the exclusion of evidence derived from or obtained pursuant to any inspection, testing, or sampling, in any civil or criminal proceeding, if the receipt of such evidence is otherwise permitted by law. Source. 1981, 533:1, eff. Aug. 29, 1981.

RSA 595-B:8 Refusal to Permit Authorized Inspection.

595-B:8. Refusal to Permit Authorized Inspection. Any person who knowingly refuses to permit an inspection, testing or sampling lawfully authorized by a warrant issued pursuant to this chapter shall be guilty of a misdemeanor. Source. 1981, 533:1, eff. Aug. 29, 1981.

RSA 595-B:9 Application Limited.

595-B:9. Application Limited. This chapter shall not apply to the application for warrants by personnel within the department of fish and game and the division of state police, and shall in no way affect the issuance of warrants at the request of persons within the department or division under other provisions of law. Source. 1981, 533:1. 1987, 342:5, eff. July 24, 1987.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LIX-595-B.htmFetched: 10/20/2026