Lepeilbet

When officials have sought and been refused consent to inspect a premises for building, fire, safety, plumbing, electrical, health, labor or zoning violations, “notice that a[n inspection] warrant [Code of Civil Procedure section 1822.50 et seq.] has been issued must be given at least 24 hours before the warrant is executed, unless the judge [issuing the warrant] finds that immediate execution is reasonably necessary in the circumstances shown.” (Code Civ. Proc., § 1822.56.)

This case presents the question whether failure to comply with the 24 hours’ notice requirement compels suppression of evidence seized during the inspection. While we do not condone such lack of compliance, we conclude the trial court correctly determined the 24 hours’ notice provision “is a procedural requirement and does not rise to the invasion of Fourth Amendment rights which would dictate a suppression of the evidence.”

Facts

After unsuccessfully attempting to get defendant’s consent to inspect, officers obtained an inspection warrant for defendant’s property (the premises), including two dwellings, a storage shed, a camper, numerous inoperable or dismantled vehicles, and piles of scrap,…