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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 V.R.Cr.P. 41(c) shall apply to warrants issued under this section. (Added 1985, No. 267 (Adj. Sess.), § 5.)