Louisiana Revised Statutes 40:986 – Administrative inspections and warrants
Terms Used In Louisiana Revised Statutes 40:986
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser but does not include a common or contract carrier, public warehouseman, or employee thereof. See Louisiana Revised Statutes 40:961
- Control: means to add a drug or other substance, or immediate precursor, to a schedule under Louisiana Revised Statutes 40:961
- Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, Louisiana Revised Statutes 40:961
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Louisiana Revised Statutes 40:961
- Oath: A promise to tell the truth.
- Person: includes any institution whether public or private, hospitals or clinics operated by the state or any of its political subdivisions, and any corporation, association, partnership, or one or more individuals. See Louisiana Revised Statutes 40:961
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
- Subpoena: A command to a witness to appear and give testimony.
A. Issuance and execution of administrative inspection warrants shall be as follows:
(1) Any judge of a state court of record, or any state magistrate of any court of record may, within his jurisdiction, and upon proper oath or affirmation after being satisfied there is probable cause to believe that legal grounds exist for the issuance of such warrant, issue warrants for the purpose of conducting administrative inspections authorized by this Part or regulations thereunder, and may authorize seizure of property related to such inspections. (2) A warrant shall issue only upon an affidavit of any law enforcement officer or employee designated in La. Rev. Stat. 40:984 having knowledge of the facts alleged, sworn to before a judge or magistrate of any court of record and establishing the grounds for issuing the warrant. If the judge or magistrate of any court of record is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall also identify the item or types of property to be seized, if any. The warrant shall be directed to a person authorized by La. Rev. Stat. 40:984 to execute it. The warrant shall state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in support thereof. It shall command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purposes specified, and, where appropriate, shall also direct the seizure of the property specified. The warrant shall direct that it be served during normal business hours. It shall designate the judge or magistrate of any court of record to whom it shall be returned.
(3) A warrant issued pursuant to this Section shall be executed and returned within ten days of its date. If property is seized pursuant to a warrant, the person executing the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken. The judge or magistrate of any court of record, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
(4) The judge or magistrate of any court of record who has issued a warrant under this Section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the state court for the judicial district in which the inspection was made.
B. The Louisiana Board of Pharmacy is authorized to make administrative inspections of controlled premises in accordance with the following provisions:
(1) For purposes of this Section only, “controlled premises” means all of the following:
(a) Places where persons licensed or exempted from licensing requirements under this Part are required to keep records.
(b) Places including factories, warehouses, establishments, and conveyances where persons licensed or exempted from licensing requirements under this Part are permitted to possess, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled dangerous substance.
(2) When so authorized by an administrative inspection warrant issued pursuant to Subsection A of this Section a law enforcement officer or an employee as designated in La. Rev. Stat. 40:984, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, shall have the right to enter controlled premises for the purpose of conducting such an administrative inspection.
(3) When so authorized by an administrative inspection warrant, a law enforcement officer or an employee as designated in La. Rev. Stat. 40:984 shall have the right:
(a) To inspect and copy records required by this Part to be kept.
(b) To inspect, within reasonable limits and in a reasonable manner, the controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and except as provided in Paragraph (5) of this Subsection, all other things therein including records, files, papers, processes, controls, and facilities subject to regulation and control by the provisions of this Part or by regulations promulgated by the Louisiana Board of Pharmacy.
(c) To inventory any stock of any controlled dangerous substance therein and obtain samples of any such substance.
(4) This Section shall not be construed to prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with this Section, nor shall this Section be construed to prevent entries and administrative inspections including seizures of property without a warrant:
(a) With the written consent of the owner, operator, or agent in charge of the controlled premises;
(b) In situations involving inspection of conveyances where there is probable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(5) Except when the owner, operator, or agent in charge of the controlled premises so consents in writing, no inspection authorized by this Section shall extend to any of the following:
(a) Financial data.
(b) Sales data other than shipment data.
(c) Pricing data.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.