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Session Laws, 2003
Volume 799, Page 313   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(4) THE OWNER, TENANT, OR OTHER INDIVIDUAL IN CHARGE OF THE
PROPERTY HAS DENIED ACCESS TO THE PROPERTY, OR AFTER MAKING A
REASONABLE EFFORT, THE APPLICANT HAS BEEN UNABLE TO LOCATE ANY OF
THESE INDIVIDUALS.

(D) CONTENTS OF WARRANT; SCOPE OF SEARCH.

(1)     AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL SPECIFY THE VEHICLE, BUILDING, OR PREMISES TO BE SEARCHED.

(2)      THE SEARCH CONDUCTED MAY NOT EXCEED THE LIMITS SPECIFIED
IN THE WARRANT.

..(E) EXECUTION AND RETURN.

AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS SECTION SHALL
BE EXECUTED AND RETURNED TO THE JUDGE WHO ISSUED IT WITHIN:

(1)      THE TIME SPECIFIED IN THE WARRANT, NOT EXCEEDING 30 DAYS;
OR

(2)      IF NO TIME PERIOD IS SPECIFIED IN THE WARRANT, 15 DAYS AFTER
ITS ISSUANCE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 38A, § 8A.

In subsection (a) of this section, the former specific references to a
"factory", "warehouse", "residence", and "establishment" are deleted as
included in the general references to a "building" or "premises". Similarly,
in subsection (d)(1) of this section, the former references to the "place" or
"structure" to be searched are deleted as included in the general reference
to the "building" or "premises" for consistency.

In subsection (c)(1) of this section, the former phrase "on the premises" is
deleted as implicit.

6-316. SAME — FOR FIRE PREVENTION INSPECTIONS.

(A)     APPLICATION FOR WARRANT — IN GENERAL.

THE STATE FIRE MARSHAL, A DESIGNEE OF THE STATE FIRE MARSHAL, OR A
FULL-TIME FIRE PREVENTION INSPECTOR WHO IS EMPLOYED BY A FIRE
DEPARTMENT MAY APPLY TO A JUDGE OF THE DISTRICT COURT OR A CIRCUIT COURT
FOR AN ADMINISTRATIVE SEARCH WARRANT TO ENTER A BUILDING OR PREMISES TO
CONDUCT A FIRE PREVENTION INSPECTION.

(B)     SAME — FORM AND CONTENTS.

AN APPLICATION UNDER SUBSECTION (A) OF THIS SECTION SHALL:

(1)      BE IN WRITING;

(2)      BE SIGNED AND SWORN TO BY THE APPLICANT; AND

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Session Laws, 2003
Volume 799, Page 313   View pdf image
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