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Chapter 24 - Health and Safety - cited by 1,302 documents

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9-802.  Inspection order.

[For use in the District, Magistrate,

Metropolitan and Municipal courts]

[Sections 24-1-16 to 24-1-19 NMSA 1978]

 

STATE OF NEW MEXICO

[COUNTY OF ___________________]

[CITY OF _______________________]

__________________ COURT

                                                                                                                        No. ________

[STATE OF NEW MEXICO]

[COUNTY OF ___________________]

[CITY OF _______________________]

 

v.

 

__________________________________________, Defendant

 

INSPECTION ORDER

 

THE (STATE OF NEW MEXICO) (CITY OF __________________)

TO ANY OFFICER AUTHORIZED TO MAKE AN INSPECTORIAL SEARCH OF

PREMISES OR VEHICLES:

 

            An application for an inspectorial search order, which is attached to and hereby made a part of this order, having been submitted to me by __________________, who has made a sufficient showing that inspection of the (check appropriate box) [  ] premises [  ] vehicle described in the application is in accordance with reasonable legislative or administrative standards.

(check appropriate box)

            [  ]        I am satisfied that seven (7) days' notice has been given to the owner of the (premises) (vehicle) described in the application and consent has not been given to make an inspectorial search.

            [  ]        I am satisfied that an inspectorial search by consent of the owner of the (premises) (vehicle) described in the application is not obtainable within a reasonable period of time.

(check if appropriate)

            [  ]        Inspection of the (premises) (vehicle) at night is reasonable under the circumstances described in the application.

            YOU ARE HEREBY COMMANDED TO SEARCH FORTHWITH:

(check one or both)

            [  ]        the premises [  ] the vehicle

described in the application

            [  ]        between the hours of 6:00 a.m. and 10:00 p.m.

            [  ]        at any time of the day or night

(check if appropriate)

[  ]        You are hereby authorized to be accompanied by one or more law enforcement officers.

You are to return this order within three (3) days after the search is completed to make a sworn report of the circumstances of the execution or failure to execute this order.

 

________________________________

                                                                                    Judge

RETURN

 

            __________________, being duly sworn, on his oath, states that:

he received the attached order on __________, ________, and searched the (premises) (vehicle) described at __________ o'clock (a.m.) (p.m.) on ______________, ________

 

            The following is a report of the circumstances of execution or failure to execute the order of the court:

______________________________________________________________________

______________________________________________________________________

(set forth record of proceedings taken subsequent to issuance of order)

 

                                                                                    ________________________________

                                                                                    Signature of Affiant

                                                                                    Inspection Officer

________________________________

                                                                                    Title

 

Subscribed and sworn to before

me in the above-named (City)

(County) of the State of New Mexico

this ______ day of ________, ________

                                                                                    Judge, Notary or Other Officer

                                                                                    Authorized to Administer Oaths

________________________________

                                                                                    Official Title

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.