Vermont Statutes Title 18 Sec. 121
Terms Used In Vermont Statutes Title 18 Sec. 121
- Health officer: means Commissioner of Health, the Commissioner's designee, or a local or district health officer. See
- Permit: means any permit or license issued pursuant to this title. See
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Public health hazard: means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. See
- Public health risk: means the probability of experiencing a public health hazard. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Statute: A law passed by a legislature.
§ 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.)