ME · rules
M.R. Civ. P. 80E
ADMINISTRATIVE INSPECTION WARRANTS
(a) Who May Secure. An official or employee of the state or of any
political subdivision of the state who is authorized by law to conduct
inspections of premises may apply to a District Court Judge, in the division and
district in which the property to be inspected is located, for a warrant to inspect
particularly described premises for particularly described purposes authorized
by law.
(b) Contents of Application. The application shall be in the form of a
sworn affidavit and shall set forth the following facts:
(1) The statutory or other authority pursuant to which the
applicant claims to be authorized to conduct inspections, the premises to be
inspected, and the purpose of the inspection.
(2) Whether such inspection is sought as part of a general area
inspection and if so, the area being inspected and the grounds of probable cause
to believe that there is located on the property in said area violations of
statutes, ordinances, or regulations the applicant is authorized to enforce.
(3) If the inspection is not part of a general area inspection, the
grounds of probable cause to believe that there is located on the particular
premises to be inspected violations of statutes, ordinances, or regulations the
applicant is authorized to enforce.
(4) That the applicant has requested permission from the owner or
occupant of the premises to be inspected to conduct such inspection and that
such permission has been denied.
(5) That the applicant has at least 24 hours in advance of the
presentation of the application given written notice to the owner or occupant
of the premises to be inspected of the time and place at which the applicant
intends to present the application to the court.
(6) The requirements of subdivisions (4) and (5) of this rule may
be dispensed with if the application sets forth facts showing probable cause to
believe that there are located on the premises to be inspected violations of law
which constitute an immediate threat to the health or safety of the public.
(c) Issuance. Upon a finding of probable cause the District Court Judge
shall issue a warrant to the applicant, but if the owner or occupant of the
premises is present at the time of presentation of the application no warrant
shall issue until said owner or occupant has been afforded an opportunity to
state any opposition to the issuance of the warrant.
(d) Contents. The warrant shall specify the grounds of probable cause,
the premises to be inspected, the purpose of the inspection, and the person
authorized to conduct the inspection.
(e) Execution. The person to whom a warrant is issued shall execute the
same by conducting the inspection authorized during normal business hours
within 10 days after issuance of the warrant. The person executing the warrant
shall at the time of execution deliver a copy thereof to the owner or the
occupant of the premises inspected or leave a copy on said premises in a
conspicuous place.
(f) Return. Not later than 10 days after execution of the warrant the
person executing it shall file a return with the court from which the warrant
issued setting forth the date and time of the inspection and any violations of
law found upon the inspected premises.
Provenance
- Source
- courts.maine.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
483ba8389c64c4e7409cc7a16061b5b22e58ecaf1e7754737746d113f0893490
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