§880 Administrative inspections and warrants

Summary

Allows the Attorney General to send inspectors to enter and place called "controlled premises" to check records and drug-related items. Controlled premises means (1) places where required records or papers are kept, and (2) places (like factories, warehouses, stores, vehicles) where people who are registered or regulated may lawfully make, hold, sell, give out, or keep controlled drugs or chemicals, or where records about those activities are kept. Inspectors may show who they are and give a written notice or, if they have one, an administrative inspection warrant. They may look at and copy required records, inspect equipment, finished and unfinished drugs, containers, labels, inventory stock, and take samples. They may not inspect financial data, sales data other than shipment data, or pricing data unless the owner agrees in writing. A warrant is not always needed. No warrant is required when records are sought under a valid administrative subpoena, when the owner agrees, in imminent danger or emergency situations, when a vehicle is so mobile that getting a warrant is impractical, or whenever a warrant is not constitutionally required. A federal judge, a state judge of a court of record, or a U.S. magistrate judge can issue an administrative inspection warrant after a sworn statement shows probable cause — meaning a valid public interest in enforcing the law that justifies the inspection. The warrant must describe the place and purpose and, if needed, the property to be seized, and should be served in normal business hours. It must be executed and returned within ten days unless the judge allows more time. If property is seized, the person must get a copy of the warrant and a receipt, and a written inventory of seized items must be made and filed with the court.