North Dakota § 29-29.1-02 Conditions to be met before issuance

North Dakota Statutes

§ 29-29.1-02 — Conditions to be met before issuance

North Dakota § 29-29.1-02

Title 29Judicial Procedure, Criminal

Ch. 29-29.1Administrative Search Warrants

This text of North Dakota § 29-29.1-02 (Conditions to be met before issuance) 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 § 29-29.1-02 (2026).

Text

The issuing magistrate shall issue the warrant when the magistrate is satisfied the following conditions are met:

1.The one seeking the warrant shall establish under oath or affirmation that the property or electronic communication information to be searched or inspected is to be searched or inspected as a part of a legally authorized program of inspection which naturally includes that property or electronic communication information, or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such a search or inspection of that property or electronic communication information;

2.An affidavit indicating the basis for the establishment of one of the grounds described in subsection 1 must be signed under oath or affirma

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The issuing magistrate shall issue the warrant when the magistrate is satisfied the following
conditions are met:
1. The one seeking the warrant shall establish under oath or affirmation that the property
or electronic communication information to be searched or inspected is to be searched
or inspected as a part of a legally authorized program of inspection which naturally
includes that property or electronic communication information, or that there is
probable cause for believing that there is a condition, object, activity, or circumstance
which legally justifies such a search or inspection of that property or electronic
communication information;
2. An affidavit indicating the basis for the establishment of one of the grounds described
in subsection 1 must be signed under oath or affirmation by the affiant; and
3. The issuing magistrate shall examine the affiant under oath or affirmation to verify the
accuracy of the matters indicated by the statement in the affidavit.