A. To effectuate the purposes of the Pest Control Act, the board may, with the consent of the owner or by court order, make reasonable inspection of any premises in this state and any property therein or thereon and may without a warrant stop and inspect, in a reasonable manner, any means of conveyance moving within this state, upon probable cause to believe that it contains or carries any pest, host or other article subject to the Pest Control Act. The board may make any other reasonable inspection of any premises or means of conveyance for which, under the constitution of the United States and the constitution of this state, no warrant is required.
B. The appropriate district courts in this state shall have authority to issue orders for such inspections upon a showing by the board that there is probable cause to believe that there exists in or on the property to be inspected a pest, host or other article subject to the Pest Control Act.
History: 1953 Comp., § 45-8-45, enacted by Laws 1969, ch. 41, § 7.
Cross references. — For constitutional provision as to searches and seizures, see N.M. Const., art. II, § 10.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agriculture §§ 44, 45, 50.
3 C.J.S. Agriculture § 83.
Structure New Mexico Statutes
Section 76-6-3 - Administration; rules and regulations.
Section 76-6-4 - Voluntary measures.
Section 76-6-5 - Plant quarantine; authority.
Section 76-6-6 - Abatement and emergency measures authorized.
Section 76-6-7 - Inspections authorized; warrants.
Section 76-6-10 - Compact enacted and entered into.
Section 76-6-11 - Cooperation with pest control insurance fund.
Section 76-6-12 - Filing of compact.
Section 76-6-13 - Compact administrator.
Section 76-6-14 - Applications for assistance.
Section 76-6-15 - Disposition of money from compact insurance fund.