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Searching 2017-2018 Session

The Vermont Statutes Online

Title 18 : Health

Chapter 003 : STATE BOARD OF HEALTH

(Cite as: 18 V.S.A. § 121)
  • § 121. Issuance of search warrants

    (a) Upon application by a health officer or a law enforcement officer, a district or superior court judge shall, upon a finding of probable cause, issue a warrant to search a premises for violation of any state or local health statute, rule, ordinance, or permit, or for any public health hazard or public health risk.

    (b) Probable cause for a search warrant under this section exists when:

    (1) a health officer or law enforcement officer has reason to believe that a state or local health statute, rule, ordinance, or permit has been violated; or

    (2) a health officer or law enforcement officer has reason to believe that a public health hazard or public health risk may exist on the premises to be searched; or

    (3) permission to inspect has been refused and the premises to be searched are subject to routine inspections in connection with a regulatory program conducted pursuant to this title.

    (c) The provisions of the Vermont Rules of Criminal Procedure 41(c) shall apply to warrants issued under this section. (Added 1985, No. 267 (Adj. Sess.), § 5.)