Inspection Warrants

California’s Code of Civil Procedure in Part 3, Title 13 deals with inspection warrants in civil litigation. Section 1822.50 explains that an inspection warrant is an order, in writing, in the name of the people, signed by a judge of a court of record, directed to a state or local official, commanding him or her to conduct any inspection required or authorized by state or local law or regulation relating to building, fire, safety, plumbing, electrical, health, labor, or zoning.

Section 1822.51 requires an inspection warrant to be issued upon cause, unless some other provision of state or federal law makes another standard applicable. An inspection warrant must be supported by an affidavit, and it must contain specified information and statements.

Section 1822.52 requires cause to be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists.

Section 1822.53 states that, before issuing an inspection warrant, the judge may examine on oath the applicant and any other witness, and satisfy himself or herself of the existence of grounds for granting such application.

Section 1822.54 provides that, if the judge is satisfied that the proper standard for issuance of the warrant has been met, he or she is required to issue the warrant particularly describing each place, dwelling, structure, premises, or vehicle to be inspected and designating on the warrant the purpose and limitations of the inspection, including the limitations required by this title.

Section 1822.55 specifies that an inspection warrant is effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest.

Section 1822.56 states that an inspection pursuant to this warrant may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. 

Section 1822.57 says that any person who willfully refuses to permit an inspection lawfully authorized by warrant issued pursuant to this title is guilty of a misdemeanor.

Section 1822.58 allows a warrant to be issued under the requirements of this title to authorize personnel of the Department of Fish and Game to conduct inspections of locations where fish, amphibia, or aquatic plants are held or stored.

Section 1822.59 allows a judge to issue a warrant under the requirements of this title describing a specified geographic area to be inspected by authorized personnel of the Department of Food and Agriculture.

Section 1822.60 permits a warrant to be issued under the requirements of this title to authorize personnel of the Department of Justice to conduct inspections pursuant to a provision of the Business and Professions Code.