At the request of the public prosecutor, officers of the judicial police and, on their orders or under their responsibility, the officers of the judicial police and deputy officers of the judicial police mentioned in article 20 and 1° ofarticle 21 of the code of criminal procedure are empowered, for the purposes of investigating and establishing the offence provided for in the second paragraph of article L. 3421-1 of this Code, to enter premises where public land, sea or air passenger transport is carried out, as well as their annexes and outbuildings, unless they constitute a home, in order to:
1° Check the identity of persons present, in order to determine who is covered by the provisions of the second paragraph of article L. 3421-1 ;
2° If there are one or more reasonable grounds for suspecting that these persons have used narcotics, carry out drug tests on them in order to establish that the offence in question has been committed.
If these tests are positive or if the person refuses or is unable to undergo them, the officers or agents of the judicial police and deputy judicial police officers will carry out checks to establish proof of the use of narcotics.
The checks referred to in the fourth paragraph are carried out by means of medical, clinical and biological analyses or examinations. The samples taken are kept in accordance with the conditions laid down by an order of the Minister of Health, issued after consultation with the Director General of the Agence nationale de sécurité du médicament et des produits de santé (National Agency for the Safety of Medicines and Health Products).
The public prosecutor’s requisitions are made in writing, presented to the persons concerned at their request and specify that their purpose is to investigate the offence provided for in the second paragraph of article L. 3421-1. These requisitions are issued for a maximum period of one month and specify the premises where the inspection is to take place as well as the dates and times of each inspection.
The measures taken in application of this article shall be recorded in a report given to the person concerned.