§ 14-288.11. Warrants to inspect vehicles in riot areas or approaching municipalities during emergencies. - North Carolina Statutes

§14‑288.11.  Warrants to inspect vehicles in riot areas or approachingmunicipalities during emergencies.

(a)        Notwithstanding theprovisions of Article 4 of Chapter 15, any law‑enforcement officer may,under the conditions specified in this section, obtain a warrant authorizinginspection of vehicles under the conditions and for the purpose specified insubsection (b).

(b)        The inspectionshall be for the purpose of discovering any dangerous weapon or substancelikely to be used by one who is or may become unlawfully involved in a riot.The warrant may be sought to inspect:

(1)        All vehiclesentering or approaching a municipality in which a state of emergency exists; or

(2)        All vehicles whichmight reasonably be regarded as being within or approaching the immediatevicinity of an existing riot.

(c)        The warrant may beissued by any judge or justice of the General Court of Justice.

(d)        The issuingofficial shall issue the warrant only when he has determined that the oneseeking the warrant has been specifically authorized to do so by the head ofthe law‑enforcement agency of which the affiant is a member, and:

(1)        If the warrant isbeing sought for the inspection of vehicles entering or approaching amunicipality, that a state of emergency exists within the municipality; or

(2)        If the warrant beingsought is for the inspection of vehicles within or approaching the immediatevicinity of a riot, that a riot is occurring within that area.

Facts indicating the basis ofthese determinations must be stated in an affidavit and signed by the affiantunder oath or affirmation.

(e)        The warrant must besigned by the issuing official and must bear the hour and date of its issuance.

(f)         The warrant mustindicate whether it is for the inspection of vehicles entering or approaching amunicipality or whether it is for the inspection of vehicles within orapproaching the immediate vicinity of a riot. In either case, it must alsospecify with reasonable precision the area within which it may be exercised.

(g)        The warrant shallbecome invalid 24 hours following its issuance and must bear a notation to thateffect.

(h)        Warrants authorizedunder this section shall not be regarded as search warrants for the purposes ofapplication of Article 4 of Chapter 15.

(i)         Nothing in thissection is intended to prevent warrantless frisks, searches, and inspections tothe extent that they may be constitutional and consistent with common law andgoverning statutes. (1969, c. 869, s. 1.)