Many municipal ordinances regulate the activities or conditions allowed inside privately owned structures. Health and safety ordinances, for example, address items like building, electrical or plumbing codes; while planning codes regulate matters like the number of people who may inhabit a residential structure.
Because the conditions inside can spill over to the outside, the city may need to inspect the interior. Consider a home in a single-family residential zoning district that suddenly starts to look like a boarding house from the outside. Cars now line the street, trash bins are overflowing, noise complaints arise. These facts suggest that more than a single family occupies the premises, but a municipal officer will need to inspect the interior to be sure.
But what if the owner of the home refuses to allow entry for inspection?
Search warrants in general
Both the U.S. and South Carolina constitutions guard against “unreasonable” searches and seizures. In many cases, a reasonable search must be based on probable cause and “supported by Oath or affirmation … particularly describing the place to be searched, and the persons or things to be seized.” A municipal officer almost always needs a warrant to enter the home over the owner’s objection.
Administrative search warrants
Most search warrants arise in the context of criminal investigations. Law enforcement may be looking for contraband, evidence of a crime or stolen property. A zoning-related search usually isn’t a criminal matter. If a violation is found, the remedy is usually civil — for example a notice of violation or an administrative order to comply with the zoning ordinance.
The United States has recognized the category of “administrative search warrants.” Federal, state and even local agencies use these kinds of warrants with some regularity, for example, in the context of food or workplace safety inspections. The U.S. Supreme Court has held that the warrant requirement still attaches to these types of searches, but applies a different standard. In the 1967 decision Camara v. Municipal Court, an administrative inspection warrant requires a modified form of probable cause. Under this test, if a valid public interest justifies the intrusion, if reasonable legislative or administrative standards are satisfied, and if the warrant is suitably restricted to the regulatory purpose, then probable cause exists.
Who can issue administrative search warrants?
The SC Attorney General’s office recently considered this question. In an opinion issued on November 19, 2025, the Attorney General emphasized that the power to issue search warrants requires explicit, and not implied, statutory authorization. The Attorney General then reviewed existing state statutes to see if any of them authorized the issuance of administrative search warrants to allow inspection of a building’s structural integrity.
The Attorney General found no such authorization in place: “To read warrant authorization into a statute where it does not exist would usurp the province of the legislature. We do not believe a court would add the desired language to the statute and we will not attempt to do so. Of course, if local officials need administrative search warrants to effectively regulate unfit dwellings, our General Assembly can provide that authority.”
Practical suggestions
The Attorney General opinion leaves open an important question — if a property owner refuses entry for a regulatory or administrative inspection, what options are available to the municipality?
There are no definitive answers to the question under current law. The most promising response would be to designate a municipal recorder under SC Code Section 14-25-115. By law, the recorder has the power “to issue summonses, subpoenas, arrest warrants, and search warrants in all cases arising under the ordinances of the municipality…”
When discussing this statue, the Attorney General has reserved judgment of whether a general reference to “search warrants” includes administrative search warrants. Assuming the recorder has the authority to issue administrative search warrants, a municipality could appoint a person to this role and ensure that all required warrant requests are routed through that person.
There are other untested options. A municipality might purport to authorize the issuance of administrative search warrants by local ordinance. There are municipalities in South Carolina whose codes of ordinances specifically authorize the issuance of such warrants in appropriate circumstances. The courts have not directly ruled on whether such authorizations are sufficient by themselves. Municipalities considering such an ordinance should carefully consult with the municipal attorney.
Regardless of the warrant issue, there are some general guidelines municipalities should follow in inspecting properties.
- Build the case without entry when possible. Exterior observations from lawful vantage points, photos, permit history, prior inspection records, complaints and sworn statements often carry an enforcement case.
- If entry is required, focus on voluntary access and maintain a clear paper trail. Explain the reason for the visit, ask for permission and document the refusal. It helps to offer reasonable scheduling options in writing.
- Remember that the warrant requirement contains a limited exception for emergencies. Immediate threats to life or property can justify entry without a warrant. Remember that “emergency” here means real danger, not administrative frustration.