Foundations for Local Public Health Practice: Tools Needed to Get the Job Done
THE ADMINSTRATIVE SEARCH WARRANT
BY CHARLIE KANIECKI, CHO, MDPH
The use of an administrative search warrant is usually the last step that a board of health will take to enter a private dwelling or establishment. It should be used as a tool to protect the health and welfare of the individual and the general public. Planning is Key. Most inspections conducted by health boards never lead to the use of this warrant. But without planning and documentation it will be difficult to secure one from the court.
The inspection and authority: Please refer to Chapter 1 105 CMR 400.000. which reads in part:
400.100 (C) Inspections: Interference. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premise where inspection authorized by this Code is sought, the Board of Health or the Commissioner of Public Health or the authorized agent or representative of either may:
(1) seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant, or other person concerning the nature of the inspection and justification for it and may seek the assistance of police authorities in presenting said warrant and/or ….(see code).
400.700 (A) Penalties: Interference After Search Warrant Presented. Any owner, occupant, or other person who refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to every part of the structure, operation or premises where inspection authorized by this Code is sought after a search warrant has been obtained and presented in accordance with 105 CMR 400.100(C), shall be fined not less than ten nor more than five hundred dollars ($500).
Note: If you are enforcing the Department of Environmental Codes under 310 CMR 15.000 look under 310 CMR 11.000 as this mirrors the state sanitary codes for administrative search warrants.
Page1 of 2