North Dakota § 23-28-03 Duty of law enforcement officer

North Dakota Statutes

§ 23-28-03 — Duty of law enforcement officer

North Dakota § 23-28-03

Title 23Health and Safety

Ch. 23-28Uniform Duties to Disabled Persons

This text of North Dakota § 23-28-03 (Duty of law enforcement officer) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23-28-03 (2026).

Text

1.A law enforcement officer shall make a diligent effort to determine whether any disabled person the officer finds is an epileptic or a diabetic, or suffers from some other type of illness that would cause the condition. Whenever feasible, this effort must be made before the person is charged with a crime or taken to a place of detention.

2.In seeking to determine whether a disabled person suffers from an illness, a law enforcement officer shall make a reasonable search for an identifying device and an identification card of the type described in subsection 2 of section 23-28-02 and examine them for emergency information. The law enforcement officer may not search for an identifying device or an identification card in a manner or to an extent that would appear to a reasonable person in

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1. A law enforcement officer shall make a diligent effort to determine whether any
disabled person the officer finds is an epileptic or a diabetic, or suffers from some
other type of illness that would cause the condition. Whenever feasible, this effort must
be made before the person is charged with a crime or taken to a place of detention.
2. In seeking to determine whether a disabled person suffers from an illness, a law
enforcement officer shall make a reasonable search for an identifying device and an
identification card of the type described in subsection 2 of section 23-28-02 and
examine them for emergency information. The law enforcement officer may not search
for an identifying device or an identification card in a manner or to an extent that would
appear to a reasonable person in the circumstances to cause an unreasonable risk of
worsening the disabled person's condition.
3. A law enforcement officer who finds a disabled person without an identifying device or
identification card is not relieved of the officer's duty to that person to make a diligent
effort to ascertain the existence of any illness causing the disabled condition.
4. A claim for relief against a law enforcement officer does not arise from the officer
making a reasonable search of the disabled person to locate an identifying device or
identification card, even though the person is not wearing an identifying device or
carrying an identification card.
5. A law enforcement officer who determines or has reason to believe that a disabled
person is suffering from an illness causing the disabled person's condition shall
promptly notify the person's physician, if practicable. If the officer is unable to ascertain
the physician's identity or to communicate with the physician, the officer shall make a
reasonable effort to cause the disabled person to be transported immediately to a
medical practitioner or to a facility where medical treatment is available. If the officer
believes it unduly dangerous to move the disabled person, the officer shall make a
reasonable effort to obtain the assistance of a medical practitioner.