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Entry on premises - 3 Pa. Cons. Stat. § 2328Legal Research Home > Pennsylvania Statutes
§ 2328. Entry on premises.
In the performance of the duties required by this chapter,
the department may at any time enter any premises or stop and
detain any vehicle or conveyance. If entry shall be refused or
delayed by any person, the department's employee or agent may,
upon oath or affirmation, declare before a court of competent
jurisdiction that the employee or agent has reason to believe
that domestic animals or articles that are or have been confined
or kept in or on such premises carry a dangerous transmissible
disease, have been exposed to a dangerous transmissible disease
or have been contaminated by a hazardous substance and shall
further declare that permission to enter and to investigate has
been refused or delayed to the department. Upon review of such
declaration, the court of jurisdiction may issue a search
warrant for such premises, directed to the proper officer, agent
or employee. The search warrant shall describe the premises
which may be searched under authority of the search warrant, but
need not describe the domestic animal, domestic animal products
or other articles which are alleged to carry a dangerous
transmissible disease, to have been exposed to a dangerous
transmissible disease or to have been contaminated by a
hazardous substance, which are or have been confined or kept on
such premises. An officer, agent or employee of the department
armed with such a search warrant shall have all the authority of
a constable or other peace officer in the execution of the
warrant. It shall be unlawful for any person to refuse or delay
admission to any premises to any officer, agent or employee of
the department provided with a search warrant issued pursuant to
this section. The department shall take appropriate biosecurity
and safety measures to ensure that it does not allow dangerous
transmissible disease or contamination from hazardous substances
to spread as the result of its entry upon any premises or
conveyance.
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Last modified: November 27, 2007 |