An inspection pursuant to this warrant may not be made between 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry where facts are shown sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, fire, safety, plumbing, electrical, health, labor, or zoning, which, if such violation existed, would be an immediate threat to health or safety, or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused, notice that a warrant has been issued must be given at least 24 hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary in the circumstances shown.
§ 1822.56.Inspection Pursuant to Warrant
Title 13. Inspection Warrants · Last amended 1980 · Last verified July 29, 2026
In one sentenceSection 1822.56 restricts inspections under a warrant to the hours between 8 a.m. and 6 p.m., generally requires the owner or occupant to be present, limits forcible entry to situations the judge specifically authorizes, and requires 24 hours' notice before executing a warrant issued after consent was refused.
Full Text of § 1822.56
Plain-English Summary
This section governs how an inspection warrant gets carried out. Timing is restricted: an inspection can't happen between 6 p.m. of any day and 8 a.m. the next, and it generally can't happen while the owner or occupant is absent unless the judge specifically authorized entry in that owner's or occupant's absence, on a showing that authority was reasonably necessary to carry out the regulation being enforced.
Forcible entry is the exception, not the rule. An inspection can't be made by forcible entry unless the judge expressly authorized it, based on facts showing either a reasonable suspicion of a violation that, if it exists, poses an immediate threat to health or safety, or facts showing that reasonable attempts to serve an earlier warrant already failed. And where the owner or occupant already refused consent before the warrant was sought, the law adds one more safeguard: notice that a warrant has issued must be given at least 24 hours before it's executed, unless the judge finds immediate execution is reasonably necessary under the circumstances shown.
Frequently Asked Questions
Is there a time-of-day restriction on when an inspection can happen?
Yes. Section 1822.56 bars inspections between 6 p.m. of any day and 8 a.m. of the next.
Can an inspection happen if the owner or occupant isn't there?
Generally no, unless the judge specifically authorized entry in the owner's or occupant's absence as reasonably necessary to enforce the regulation.
Can officials force their way in to execute an inspection warrant?
Only if the judge expressly authorized forcible entry, based on a reasonable suspicion of a violation posing an immediate health or safety threat or on facts showing a prior warrant attempt failed.
What notice is required if the owner previously refused consent to inspect?
At least 24 hours' notice before the warrant is executed, unless the judge finds immediate execution reasonably necessary given the circumstances.
Amendment History
Amended by Stats. 1980, Ch. 230, 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: when can inspection warrant be executedforcible entry inspection warrant rules