Food And Drugs

Uniform Controlled Substances Act

ARTICLE 21-28-5.01
Powers of Enforcement Personnel

SECTION 21-28-5.07.2

§ 21-28-5.07.2. Issuance of orders.

Upon an application as provided in § 21-28-5.07.1 the presiding justice of the superior court, or the senior associate justice of the superior court when the presiding justice shall disqualify himself or herself from entering the order, may enter an ex parte order, authorizing the use of controlled substances seized as contraband if the justice determines on the basis of the evidence submitted that:

(1) There is probable cause to believe that a particular, identified individual is committing, has committed or is about to commit a particular designated offense;

(2) It has been demonstrated that the use of the controlled substances will assist law enforcement officials in the investigation of felony violations of this chapter or felony violations of other criminal laws of this state and that normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.

History of Section.
(P.L. 1991, ch. 295, § 1; P.L. 2002, ch. 292, § 54.)