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The Vermont Statutes Online



Title

06

:
Agriculture






Chapter

001

:
GENERAL POWERS; SECRETARY OF AGRICULTURE, FOOD AND MARKETS











 

§

12. Search warrants

(a) Upon

application by the secretary or a person designated by the secretary, a

district or superior court judge shall, upon a finding of probable cause, issue

an administrative search warrant to search property for violation of any

provision of this title, chapter 73 of Title 9, or any other law administered

by the secretary of agriculture, food and markets. A court may find that

probable cause for an administrative search warrant under this section exists

when:

(1) the

secretary or a person designated by the secretary has reason to believe that a

provision of this title, chapter 73 of Title 9, or any other law administered

by the secretary has been violated; or

(2) permission

to inspect has been refused and the property to be searched is subject to

routine inspections in connection with a regulatory program administered by the

secretary of agriculture, food and markets.

(b) The

provisions of Rule 41(c) and (d) of the Vermont Rules of Criminal Procedure

shall apply to warrants issued under this section. (Added 1987, No. 277 (Adj.

Sess.), § 3; amended 1991, No. 228 (Adj. Sess.), § 5; 2003, No. 42, § 2, eff.

May 27, 2003.)