A. Upon sufficient showing that consent to an inspectorial search has been refused or is otherwise unobtainable within a reasonable period of time, an inspection officer may make application for an inspection order. Such application shall be made to a district court judge having jurisdiction over the premises or vehicle to be searched or an administrative official authorized by statute or ordinance to issue inspection orders.
B. The application shall be granted and the inspection order issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The issuing authority shall make and keep a record of the proceedings on the application, and enter thereon his finding in accordance with the requirements of this section.
C. The inspection officer executing the order shall, if the premises or vehicle in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to effect entry and make the inspection.
D. The officer conducting the search shall, if authorized by the issuing authority on proper showing, be accompanied by one or more law enforcement officers authorized to serve search warrants who shall assist the inspection officer in executing the order at his direction.
E. After execution of the order or after unsuccessful efforts to execute the order, as the case may be, the inspection officer shall return the order to the issuing authority with a sworn report of the circumstances of execution or failure thereof.
History: 1953 Comp., § 12-34-18, enacted by Laws 1973, ch. 359, § 18.
Cross references. — For constitutional provision relating to searches and seizures, see N.M. Const., art. II, § 10.
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.