# S.C. Code Ann. § 44-53-1400: SECTION 44-53-1400. Warrants for purpose of conducting investigation; oath or affirmation showing probable cause; contents of warrant

> South Carolina · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1400

## Section

- **Citation:** S.C. Code Ann. § 44-53-1400
- **Heading:** SECTION 44-53-1400. Warrants for purpose of conducting investigation; oath or affirmation showing probable cause; contents of warrant
- **Jurisdiction:** South Carolina
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SC Code / Title 44 / Chapter 53 / Article 13 / Section 44-53-1400

## Text

The issuance and execution of an administrative warrant to investigate must be as follows: (1) A judge or magistrate of a court having jurisdiction where the investigation is to be conducted, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting investigations authorized by this article or regulations promulgated pursuant to this article and removing samples of objects from the premises appropriate to the investigations. For the purpose of this section, "probable cause" exists when the circumstances indicate there is reason to believe a child has been exposed or is at risk of being exposed to a lead-based hazard at the premises specified in the warrant. (2) A warrant must be issued only upon an affidavit of a department employee designated and having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge or magistrate shall issue a warrant identifying the area, premises, building, or conveyance to be investigated, the purpose of the investigation, and, where appropriate, the type of property to be investigated. The warrant must authorize the removal of samples of objects for laboratory analysis, where appropriate. The warrant must be directed to a designated department employee to execute it. The warrant must state the grounds for issuance and the name of the person or persons whose affidavit has been taken in support of the warrant. The warrant must command the person to whom it is directed to investigate the area, premises, building, or conveyance identified for the purpose specified and, where appropriate, authorize removal of samples of objects for laboratory analysis. The warrant must direct that it be served during reasonable hours and must designate the judge or magistrate to whom it must be returned. (3) A warrant issued pursuant to this section must be executed and returned within ten days of the date of issuance. (4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection with the warrant and shall cause these papers to be filed with the court which issued the warrant.

## Nearby sections

- [S.C. Code Ann. § 44-53-1310 SECTION 44-53-1310. Short title.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1310.md)
- [S.C. Code Ann. § 44-53-1320 SECTION 44-53-1320. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1320.md)
- [S.C. Code Ann. § 44-53-1350 SECTION 44-53-1350. Exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1350.md)
- [S.C. Code Ann. § 44-53-1360 SECTION 44-53-1360. Program for early diagnosis of cases of childhood lead poisoning; examinations; records.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1360.md)
- [S.C. Code Ann. § 44-53-1370 SECTION 44-53-1370. Childhood lead poisoning prevention education program.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1370.md)
- [S.C. Code Ann. § 44-53-1380 SECTION 44-53-1380. Notification of incidents of lead poisoning.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1380.md)
- [S.C. Code Ann. § 44-53-1390 SECTION 44-53-1390. Investigation of lead poisoning case reports; right of entry.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1390.md)
- [S.C. Code Ann. § 44-53-1400 SECTION 44-53-1400. Warrants for purpose of conducting investigation; oath or affirmation showing probable cause; contents of warrant.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1400.md)
- [S.C. Code Ann. § 44-53-1430 SECTION 44-53-1430. Notice of identification of lead-based hazard; order that it be remediated; appeals.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1430.md)
- [S.C. Code Ann. § 44-53-1440 SECTION 44-53-1440. Restriction on rental; existing occupants.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1440.md)
- [S.C. Code Ann. § 44-53-1450 SECTION 44-53-1450. Regulations.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1450.md)
- [S.C. Code Ann. § 44-53-1460 SECTION 44-53-1460. Legal actions not affected.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1460.md)
- [S.C. Code Ann. § 44-53-1480 SECTION 44-53-1480. Penalties.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1480.md)
- [S.C. Code Ann. § 44-53-1485 SECTION 44-53-1485. Civil penalties.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1485.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SC_T44_C53_A13_S44-53-1400. Check the current official text before relying on it. Not legal advice.
