North Dakota Statutes
§ 29-29-08 — Execution of warrant - Use of force
An officer directed to serve a search warrant may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant:
1.If, after notice of the officer's authority and purpose, the officer is refused admittance;
or
2.Without notice of the officer's authority and purpose if the warrant was issued by a
magistrate who is learned in the law and who has inserted a direction therein that the
officer executing it shall not be required to give such notice.
The magistrate may so direct only upon written or recorded oral petition and proof under oath, to
the magistrate's satisfaction, that the property sought may be easily and quickly destroyed or
disposed of, or that danger to the life or limb of the officer or another may result, if such
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Related
State v. Herrick
1999 ND 1 (North Dakota Supreme Court, 1999)
State v. Sakellson
379 N.W.2d 779 (North Dakota Supreme Court, 1985)
State v. LaFromboise
542 N.W.2d 110 (North Dakota Supreme Court, 1996)
Nearby Sections
15
§ 29-01-01
How crimes prosecuted - Exceptions§ 29-01-03
How prosecution entitled§ 29-01-04
Affidavits need not be entitled§ 29-01-05
Party defendant is party prosecuted§ 29-01-06
Rights of defendant§ 29-01-06.1
Rights of defendant - Exception§ 29-01-06.2
Summoned person to report to sheriff§ 29-01-07
Only once prosecuted§ 29-01-08
Extent of restraint permissible§ 29-01-09
How conviction can be had§ 29-01-10
Where district courts held§ 29-01-12
Decision of district court reviewable§ 29-01-13
Definitions