A. Within the scope of his authority with respect to the places to be inspected and the purpose for which inspection is to be carried out, an inspection officer may conduct an inspectorial search, with the voluntary consent of an occupant or custodian of the premises or vehicles to be inspected, who reasonably appears to the inspection officer to be in control of the places to be inspected or otherwise authorized to give such consent.
B. Before requesting consent for an inspectorial search, the inspection officer shall inform the person to whom the request is directed of the authority under and purposes for which the inspection is to be made and shall, upon demand, exhibit a badge or document evidencing his authority to make such inspections.
C. Inspections undertaken pursuant to this section shall be carried out with due regard for the convenience and privacy of the occupants, and during the daytime unless, because of the nature of the premises, the convenience of the occupants or other circumstances, there is a reasonable basis for carrying out the inspection at night.
D. Except in accordance with the provisions of the subsequent subsection adequate notice of the time and purpose of an inspection shall be sent to the occupants or custodians of premises or vehicles to be inspected not less than seven days before the inspection is undertaken.
E. The notice required by the preceding subsection may be dispensed with if, because of the nature of the inspection to be undertaken, the conduct of the occupants, or other circumstances, there is a reasonable basis for belief that such notice would obstruct, or seriously diminish the utility, of the inspection in question.
History: 1953 Comp., § 12-34-17, enacted by Laws 1973, ch. 359, § 17.
Cross references. — For constitutional provision relating to searches and seizures, see N.M. Const., art. II, § 10.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Propriety of state or local government health officer's warrantless search - post-Camara cases, 53 A.L.R.4th 1168.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Section 24-1-3 - Powers and authority of department.
Section 24-1-4.1 - Certified nurse-midwives; prescriptive, distributing and administering authority.
Section 24-1-5 - Licensure of health facilities; hearings; appeals.
Section 24-1-5.2 - Health facilities; intermediate sanctions; civil penalty.
Section 24-1-5.4 - Plan of growth; requirements; reporting.
Section 24-1-5.6 - Northern New Mexico substance abuse treatment pilot project.
Section 24-1-5.7 - Methadone clinics; regulation by the human services department.
Section 24-1-5.8 - Legislative findings; licensing requirements for certain hospitals.
Section 24-1-5.9 - Reporting requirements.
Section 24-1-5.10 - Federal participation required; exception.
Section 24-1-6 - Tests required for newborn infants.
Section 24-1-6.1 - Newborn hearing testing required; department of health.
Section 24-1-7 - Sexually transmitted infections; reports of cases.
Section 24-1-9.3 - Sexually transmitted infections; mandatory counseling.
Section 24-1-9.4 - Sexually transmitted infections; confidentiality.
Section 24-1-9.6 - Sexually transmitted infections; disclosure.
Section 24-1-10 - Pregnancy; serological test for syphilis.
Section 24-1-11 - Reporting of blood tests.
Section 24-1-12 - Health certificates; filing.
Section 24-1-13 - Pregnancy; capacity to consent to examination and diagnosis.
Section 24-1-13.2 - Shaken baby syndrome prevention.
Section 24-1-14 - [Sterilization;] special qualifications prohibited.
Section 24-1-15 - Isolation; quarantine; protocol.
Section 24-1-15.1 - Protocol for management of active tuberculosis.
Section 24-1-15.2 - Conditions of public health importance; reporting.
Section 24-1-15.3 - Conditions of public health importance; testing; screening.
Section 24-1-16 - Inspection definitions.
Section 24-1-17 - Inspectorial search by consent.
Section 24-1-18 - Inspection searches.
Section 24-1-19 - Emergency inspectorial searches.
Section 24-1-20 - Records confidential.
Section 24-1-22 - Scientific laboratory division; testing methods; certification.
Section 24-1-25 - Holly Gonzales experimental treatment fund created.
Section 24-1-28 - Behavioral health planning council created; powers and duties; membership.
Section 24-1-29 - Commission created; members; duties.
Section 24-1-30 - Hand washing facilities; requirement.
Section 24-1-31 - Save our children's sight fund created.
Section 24-1-32 - Notice of the need for further vision evaluation and availability of funds.
Section 24-1-33 - Communication regarding reconstructive breast surgery.
Section 24-1-35 - Assisted living facilities contracts; limit on charges after resident death.
Section 24-1-36 - Statewide community-based adult fall risk awareness and prevention program.
Section 24-1-37 - Lay caregiver; aftercare; designation.
Section 24-1-38 - Hospitals; requirement to offer influenza and pneumococcal immunizations.
Section 24-1-39 - Mammograms; health facilities; breast density disclosure.
Section 24-1-42 - Eligibility for state or local health benefits.