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PARRIS N. GLENDENING, Governor
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S.B. 236
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CRITERIA OF THIS SECTION AND A STATEMENT TO THIS EFFECT SHALL BE
INCLUDED AS PART OF THE APPLICATION.
(C) A JUDGE OF A COURT REFERRED TO IN SUBSECTION (A) OF THIS SECTION
MAY ISSUE THE WARRANT ON FINDING THAT:
(1) THE APPLICANT HAS SOUGHT ACCESS TO THE PROPERTY FOR THE
PURPOSE OF MAKING AN INSPECTION;
(2) (I) AFTER REQUESTING, AT A REASONABLE TIME, THE OWNER,
TENANT, OR OTHER INDIVIDUAL IN CHARGE OF THE PROPERTY TO ALLOW ACCESS,
HAS BEEN DENIED ACCESS TO THE PROPERTY; OR
(II) AFTER MAKING A REASONABLE EFFORT, HAS BEEN UNABLE TO
LOCATE ANY OF THESE INDIVIDUALS;
(3) THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION ARE MET;
(4) THE SECRETARY OR DESIGNEE OF THE SECRETARY IS AUTHORIZED
OR REQUIRED BY LAW TO MAKE AN INSPECTION OF THE PROPERTY FOR WHICH THE
WARRANT IS SOUGHT; AND
(5) PROBABLE CAUSE FOR THE ISSUANCE OF THE WARRANT HAS BEEN
DEMONSTRATED BY THE APPLICANT BY SPECIFIC EVIDENCE OF AN EXISTING
VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY RULE OR REGULATION
ADOPTED UNDER THIS SUBTITLE OR BY SHOWING;
(I) THAT A REASONABLE ADMINISTRATIVE INSPECTION PROGRAM
EXISTS REGARDING THE REGULATION AND PREVENTION OF INFECTIOUS AND
CONTAGIOUS LIVESTOCK AND POULTRY DISEASES; AND
(II) THAT THE PROPOSED INSPECTION COMES WITHIN THAT
PROGRAM.
(D) (1) AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS
SECTION SHALL SPECIFY THE PLACE, STRUCTURE, PREMISES, VEHICLE, OR
RECORDS TO BE INSPECTED.
(2) THE INSPECTION CONDUCTED MAY NOT EXCEED THE LIMITS
SPECIFIED IN THE WARRANT.
(E) AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS SECTION
AUTHORIZES THE SECRETARY OR DESIGNEE OF THE SECRETARY TO ENTER THE
SPECIFIED PROPERTY TO PERFORM THE INSPECTION, SAMPLING, AND OTHER
FUNCTIONS AUTHORIZED BY LAW TO DETERMINE COMPLIANCE WITH THE
PROVISIONS OF THIS SUBTITLE RELATING TO THE REGULATION AND PREVENTION
OF INFECTIOUS AND CONTAGIOUS LIVESTOCK AND POULTRY DISEASES.
(F) AN ADMINISTRATIVE SEARCH WARRANT ISSUED UNDER THIS SECTION
SHALL BE EXECUTED AND RETURNED TO THE JUDGE BY WHOM IT WAS ISSUED
WITHIN:
(1) THE TIME SPECIFIED IN THE WARRANT, NOT TO EXCEED 30 DAYS; OR
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- 4447 -
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