New Mexico § 24-1-17 - Inspectorial search by consent

§ 24-1-17. Inspectorial search by consent

A. Within the scope of his authority with respect to the places to be inspected and

the purpose for which inspection is to be carried out, an inspection officer may conduct

an inspectorial search, with the voluntary consent of an occupant or custodian of

the premises or vehicles to be inspected, who reasonably appears to the inspection

officer to be in control of the places to be inspected or otherwise authorized to

give such consent. B. Before requesting consent for an inspectorial search, the inspection officer shall

inform the person to whom the request is directed of the authority under and purposes

for which the inspection is to be made and shall, upon demand, exhibit a badge or

document evidencing his authority to make such inspections. C. Inspections undertaken pursuant to this section shall be carried out with due regard

for the convenience and privacy of the occupants, and during the daytime unless, because

of the nature of the premises, the convenience of the occupants or other circumstances,

there is a reasonable basis for carrying out the inspection at night. D. Except in accordance with the provisions of the subsequent subsection adequate

notice of the time and purpose of an inspection shall be sent to the occupants or

custodians of premises or vehicles to be inspected not less than seven days before

the inspection is undertaken. E. The notice required by the preceding subsection may be dispensed with if, because

of the nature of the inspection to be undertaken, the conduct of the occupants, or

other circumstances, there is a reasonable basis for belief that such notice would

obstruct, or seriously diminish the utility, of the inspection in question.