250 R.I. Code R. 250-RICR-20-00-3.13

Current through November 7, 2024
Section 250-RICR-20-00-3.13 - Administrative Inspections And Criminal Conduct
A. It is unlawful and unconstitutional to employ an administrative inspection warrant as a means of conducting investigation into criminal conduct. However, as long as there is an independent and objective need for an administrative inspection (e.g. to enforce administrative regulations), the existence of or potential for a criminal investigation should not prohibit the issuance of an administrative inspection warrant or the performance of a lawful consensual or warrant-less administrative inspection. The discovery or existence of incriminating evidence during a lawfully conducted administrative inspection is subject to the following conditions:
1. If an administrative inspection warrant was validly issued and the subsequent inspection discloses evidence of criminal activity, then the evidence may be seized and used in a criminal prosecution;
2. If an inspector discovers evidence of criminal activity during an administrative inspection, he or she may complete the inspection and report the discovery to the appropriate authorities for further investigation under a criminal search warrant.
B. If the inspector develops suspicion of criminal conduct during the course of the inspection, the inspector should complete his/her administrative inspection and immediately notify a supervisor of his/her concerns. All information of suspected criminal conduct should be forwarded to the Department's Division of Law Enforcement. The DEM's Division of Law Enforcement in coordination with the Department of the Attorney General will determine if a criminal violation of the law has taken place.

250 R.I. Code R. 250-RICR-20-00-3.13