Except as otherwise provided in Section 41-29-107.1, issuance and execution of administrative inspection warrants and search warrants shall be as follows, except as provided in subsection (c) of this section:
Any officer acting under such warrant shall, as soon as practical, after entering the premises, identify himself and give the reasons and authority for his entrance upon the premises.
Search warrants which include the instruction that the executing officer shall not be required to give notice of authority and purpose as authorized by this subsection shall be issued only by the county court or county judge in vacation, chancery court or by the chancellor in vacation, by the circuit court or circuit judge in vacation, or by a justice of the Mississippi Supreme Court.
This subsection shall expire and stand repealed from and after July 1, 1974, except that the repeal shall not affect the validity or legality of any search authorized under this subsection and conducted prior to July 1, 1974.
State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
Be directed to a person authorized by Section 41-29-159 to execute it;
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;
Identify the item or types of property to be seized, if any;
Direct that it be served and designate the judge or magistrate to whom it shall be returned;
The Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the State Board of Optometry may make administrative inspections of controlled premises in accordance with the following provisions:
For purposes of this section only, "controlled premises" means:
Places where persons registered or exempted from registration requirements under this article are required to keep records; and
Places including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under this article are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
When authorized by an administrative inspection warrant issued in accordance with the conditions imposed in this section, an officer or employee designated by the Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the State Board of Optometry, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
When authorized by an administrative inspection warrant, an officer or employee designated by the Mississippi Bureau of Narcotics, the State Board of Pharmacy, the State Board of Medical Licensure, the State Board of Dental Examiners, the Mississippi Board of Nursing or the State Board of Optometry may:
Inspect and copy records required by this article to be kept;
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 (5) of this subsection, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of this article; and
Inventory any stock of any controlled substance therein and obtain samples thereof.
This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
If the owner, operator or agent in charge of the controlled premises consents;
In situations presenting imminent danger to health or safety;
In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
In all other situations in which a warrant is not constitutionally required.
Any agent of the bureau authorized to execute a search warrant involving controlled substances, the penalty for which is imprisonment for more than one (1) year, may, without notice of his authority and purpose, break open an outer door or inner door, or window of a building, or any part of the building, if the judge issuing the warrant:
Is satisfied that there is probable cause to believe that:
The property sought may, and, if such notice is given, will be easily and quickly destroyed or disposed of; or
The giving of such notice will immediately endanger the life or safety of the executing officer or another person; and
Has included in the warrant a direction that the officer executing the warrant shall not be required to give such notice.
Structure Mississippi Code
Chapter 29 - Poisons, Drugs and Other Controlled Substances
Article 3 - Uniform Controlled Substances Law
§ 41-29-107. Bureau of narcotics; composition; qualifications; dismissal
§ 41-29-109. Cooperation with bureau of narcotics
§ 41-29-110. Bureau of narcotics work program
§ 41-29-112. Special contract agents or investigators
§ 41-29-113. Schedule I of controlled substances
§ 41-29-115. Schedule II of controlled substances
§ 41-29-117. Schedule III of controlled substances
§ 41-29-119. Schedule IV of controlled substances
§ 41-29-121. Schedule V of controlled substances
§ 41-29-122. Exempt chemical preparations and mixtures
§ 41-29-123. Revision and republication of schedules
§ 41-29-127. Registration; factors considered
§ 41-29-129. Revocation and suspension of registration
§ 41-29-133. Records and inventories
§ 41-29-138. Applicability of avoirdupois system of weights
§ 41-29-139. Prohibited acts; penalties
§ 41-29-140. Fines and penalties; violation of Section 41-29-139
§ 41-29-141. Prohibited acts B; penalties
§ 41-29-143. Prohibited acts C; penalties
§ 41-29-145. Distribution to persons under age twenty-one
§ 41-29-147. Second and subsequent offenses
§ 41-29-149. Suspended sentences; eligibility for parole; resentencing
§ 41-29-151. Penalties to be additional; barring of prosecutions
§ 41-29-154. Disposition of seized controlled substances and paraphernalia
§ 41-29-157. Administrative inspection warrants and search warrants
§ 41-29-161. Bonds of bureau officers and employees
§ 41-29-163. Judicial review of final determinations, findings and conclusions
§ 41-29-165. Judicial review of convictions and orders
§ 41-29-167. Cooperative arrangements
§ 41-29-169. Drug abuse education programs
§ 41-29-171. Research programs on misuse and abuse of controlled substances
§ 41-29-173. Effect of Uniform Controlled Substances Law on pending proceedings
§ 41-29-175. Continuation of regulations
§ 41-29-176.1. Prosecution of cases involving seized property
§ 41-29-183. Procedure for disposition of seized property; exclusiveness of remedy
§ 41-29-189. Drug Evidence Disposition Fund created; purpose; sources of funds