124.502 - ADMINISTRATIVE INSPECTIONS AND WARRANTS.
124.502 ADMINISTRATIVE INSPECTIONS AND WARRANTS.
1. Issuance and execution of administrative inspection warrants
shall be as follows:
a. A district judge or district associate judge, within the
court's jurisdiction, and upon proper oath or affirmation showing
probable cause, may issue warrants for the purpose of conducting
administrative inspections under this chapter or a related rule or
under chapter 124A. The warrant may also permit seizures of property
appropriate to the inspections. For purposes of the issuance of
administrative inspection warrants, probable cause exists upon
showing a valid public interest in the effective enforcement of the
statute or related rules, sufficient to justify administrative
inspection of the area, premises, building or conveyance in the
circumstances specified in the application for the warrant.
b. A warrant shall issue only upon sworn testimony of an
officer or employee of the board duly designated and having knowledge
of the facts alleged, before the judicial officer, establishing the
grounds for issuing the warrant. If the judicial officer is
satisfied that grounds for the application exist or that there is
probable cause to believe they exist, the officer shall issue a
warrant identifying the area, premises, building, or conveyance to be
inspected, the purpose of the inspection, and, if appropriate, the
type of property to be inspected, if any.
c. The warrant shall:
(1) State the grounds for its issuance and the name of each
person whose testimony has been taken in support thereof.
(2) Be directed to a person authorized by section 124.501 to
execute it.
(3) Command the person to whom it is directed to inspect the
area, premises, building, or conveyance identified for the purpose
specified and, if appropriate, direct the seizure of the property
specified.
(4) Identify the item or types of property to be seized, if any.
(5) Direct that it be served during normal business hours, if
appropriate, and designate the judge to whom it shall be returned.
d. A warrant issued pursuant to this section must be executed
and returned within ten days after its date unless, upon a showing of
a need for additional time, the court so instructs otherwise in the
warrant. If property is seized pursuant to a warrant, the person
executing the warrant shall give to the person from whom the property
is seized, or the person in charge of the premises from which the
property is seized, a copy of the warrant and a receipt for the
property seized or shall leave the copy and receipt at the place from
which the property is seized. The return of the warrant shall be
made promptly and shall be accompanied by a written inventory of any
property seized. The inventory shall be made in the presence of the
person executing the warrant and of the person from whose possession
or premises the property was seized, if they are present, or in the
presence of at least one credible person other than the person
executing the warrant. A copy of the inventory shall be delivered to
the person from whom or from whose premises the property was seized
and to the applicant for the warrant.
e. The judicial officer who has issued a warrant under this
section shall require that there be attached to the warrant a copy of
the return, and of all papers filed in connection with the return,
and shall file them with the clerk of the district court for the
county in which the inspection was made.
2. The department may make administrative inspections of
controlled premises in accordance with the following provisions:
a. For purposes of this section only, "controlled
premises" means:
(1) Places where persons registered or exempted from registration
requirements under this chapter are required to keep records; and
(2) Places including factories, warehouse establishments, and
conveyances where persons registered or exempted from registration
requirements under this chapter are permitted to hold, manufacture,
compound, process, sell, deliver, or otherwise dispose of any
controlled substance.
b. Whenever authorized by an administrative inspection
warrant issued pursuant to subsection 1 of this section an officer or
employee of the board, upon presenting the warrant and appropriate
credentials to the owner, operator, or agent in charge, has the right
to enter controlled premises for the purpose of conducting an
administrative inspection.
c. Whenever authorized by an administrative inspection
warrant, an officer or employee of the board has the right:
(1) To inspect and copy records required by this chapter to be
kept;
(2) To inspect, within reasonable limits and in a reasonable
manner, controlled premises and all pertinent equipment, finished and
unfinished material, containers and labeling found therein, and,
except as provided in paragraph "e" of this subsection, all other
things therein, including records, files, papers, processes,
controls, and facilities bearing on violation of this chapter; and
(3) To inventory any stock of any controlled substance therein
and obtain samples of any such substance.
d. This section shall not be construed to prevent the
inspection without a warrant of books and records pursuant to a
subpoena issued in accordance with section 622.65, nor shall this
section be construed to prevent entries and administrative
inspections, including seizures of property, without a warrant:
(1) With the consent of the owner, operator, or agent in charge
of the controlled premises;
(2) In situations presenting imminent danger to health or safety;
(3) In situations involving inspection of conveyances where there
is reasonable cause to believe that the mobility of the conveyance
makes it impracticable to obtain a warrant;
(4) In any other exceptional or emergency circumstance where time
or opportunity to apply for a warrant is lacking; and
(5) In all other situations where a warrant is not
constitutionally required.
e. Except when the owner, operator, or agent in charge of the
controlled premises so consents in writing, no inspection authorized
by this section shall extend to financial data; sales data, other
than shipment data; or pricing data. Section History: Early Form
[C73, 75, 77, 79, 81, § 204.502; 82 Acts, ch 1147, § 11] Section History: Recent Form
83 Acts, ch 186, § 10051, 10052, 10201
C93, § 124.502
99 Acts, ch 96, §10; 2009 Acts, ch 41, §183