50-4-103 - Grounds for issuing administrative inspection warrants Probable cause. - Tennessee Statutes

50-4-103. Grounds for issuing administrative inspection warrants Probable cause.

The issuing officer is authorized to issue administrative inspection warrants authorizing an employee or official of the department of labor and workforce development to inspect named premises and seize certain items. In so doing, the issuing officer must determine from the affidavits filed by the agency requesting the warrant that:

     (1)  The agency and employee or official has the statutory authority to conduct the inspection;

     (2)  Probable cause exists to believe that a violation of law has occurred or is occurring. Probable cause in these cases is not the same standard as used in obtaining criminal search warrants. In addition to a showing of specific evidence of an existing violation, probable cause can be found upon a showing of facts justifying further inquiry, by inspection, to determine whether a violation of law is occurring. This finding can be based upon a showing that:

          (A)  The inspection of the premises in question was to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection;

          (B)  Previous inspections have shown violations of law and the present inspection is necessary to determine whether those violations have been abated;

          (C)  The business, occupation, product, equipment, materials, wastes or other characteristics of a particular enterprise or class of enterprises, including the named premises, present a probability of violation of the law in excess of the general business community;

          (D)  Complaints have been received by the agency and presented to the issuing officer from persons who, by status or position, have personal knowledge of violations of law occurring on the named premises; or

          (E)  Any other showing consistent with constitutional standards for probable cause in administrative inspections;

     (3)  The inspection is reasonable and not intended to arbitrarily harass the persons or business involved;

     (4)  The areas and items to be inspected or seized are accurately described and are consistent with the statutory inspection authority; and

     (5)  The purpose of the inspection is not criminal in nature and the agency is not seeking sanctions against the person or business for refusing entry.

[Acts 1979, ch. 345, § 4; T.C.A., § 50-603; Acts 1999, ch. 520, § 41.]