An inspection warrant shall be issued upon cause, unless some other provision of state or federal law makes another standard applicable. An inspection warrant shall be supported by an affidavit, particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent.
§ 1822.51.Issued Upon Cause; Supported By Affidavit
Title 13. Inspection Warrants · Last amended 1984 · Last verified July 29, 2026
In one sentenceSection 1822.51 requires an inspection warrant to issue upon a showing of cause, unless some other law sets a different standard, based on a sworn affidavit that describes the property and the inspection's purpose and either states that consent was sought and refused or explains why seeking consent first wasn't attempted.
Full Text of § 1822.51
Plain-English Summary
This section sets the general standard for getting an inspection warrant, and it's deliberately different from the probable-cause-of-a-crime standard behind an ordinary search warrant. Unless some other state or federal law supplies a different standard, an inspection warrant issues upon a showing of cause, a standard Section 1822.52 goes on to define.
That showing has to come through a sworn affidavit. The affidavit must particularly describe the place, dwelling, structure, premises, or vehicle to be inspected and state the purpose for which the inspection is sought. It also has to address consent directly: either stating that consent to inspect was sought from the owner or occupant and refused, or laying out facts or circumstances that reasonably justify not having sought that consent in the first place.
Frequently Asked Questions
What standard must be met to get an inspection warrant?
Cause, as Section 1822.52 defines it, unless some other provision of state or federal law makes a different standard applicable.
Is that the same as probable cause of a crime?
No. Cause for an inspection warrant is a distinct, lower administrative-inspection standard, not probable cause that a crime has occurred.
What must the supporting affidavit describe?
The place, dwelling, structure, premises, or vehicle to be inspected, particularly described, and the purpose of the inspection.
Does the affidavit have to say anything about the owner's consent?
Yes. It must state either that consent was sought and refused, or facts reasonably justifying the failure to seek consent.
Amendment History
Amended by Stats. 1984, Ch. 476, Sec. 2.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: standard for issuing inspection warrantinspection warrant affidavit requirements