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Legal Methods Used to Obtain Information During Investigatio
Environmental Studies

Additional Environmental Studies Flashcards




Review Operator's Files
Historic office/File Review
Public Records Act
Evidence Collection-
Inspection Warrant
In the normal course of inspections, health inspectors will have an occasion to conduct searches with the
intent to prosecute. In unusual situations, the health officers will have to obtain a court approved search
warrant or inspection warrant. The search warrant's objective must be fully stated and specify to the
06ject, hazard and or nuisance that is being alleged. This is a specific looking. Probable cause must be
acknowledged. A citizen's complaint can offer probable cause.

Search warrants must be presented to a judge and must be approved in writing. Once the search warrant
is obtained, the health officer can make the inspection voluntarily or involuntarily. In many cases,
assistance is sought from the local police department to avoid any possible harm to the health officers
while inspecting the premises. A receipt is to be issued to the owner, operator, or resident for all property
that is seized as evidence. A delivery receipt should be noted in the return of confiscated goods.
Inspection warrants are less specific than search warrants. Inspection warrants are usually obtained
when the agency is denied voluntary inspection access to observe a certain condition or just inspect a
facility or property.
Right of Entry
pg. 477
b) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is
contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this
code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the
owner or other person having charge or control of the building or premises and
request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
Plain Sight-
Plain View Inspection
Conducting an inspection and seeing a violation next door without going through extraordinary means to
view the violation is a "plain view inspection." Standing on a ladder or a box, climbing a fence to gain an
inspection view is not a plain view inspection. An example of plain view inspection is when during the
normal course of an inspection, the inspector climbs a flight of stairs to go to the second level apartments.
If the inspector observes a violation next door during his inspection from the second floor is considered a
plain view inspection
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