North Dakota § 29-29.5-05 Written agreement required

North Dakota Statutes

§ 29-29.5-05 — Written agreement required

North Dakota § 29-29.5-05

Title 29Judicial Procedure, Criminal

Ch. 29-29.5Confidential Informants

This text of North Dakota § 29-29.5-05 (Written agreement required) 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 § 29-29.5-05 (2026).

Text

Except for court proceedings, a law enforcement agency may use a confidential informant only with a written agreement executed by the confidential informant and the law enforcement agency. An agreement for use of a confidential informant must be in writing, and include:

1.The confidential informant's right to remain silent, the right to speak with legal counsel at any time, and the right to cease working as a confidential informant;

2.A statement of the benefit, which will be recommended upon substantial compliance with the informant agreement;

3.A statement that an absolute guarantee or promise may not be made to the confidential informant other than law enforcement will truthfully report cooperation;

4.A statement of the inherent risk associated with acting as a confidential informan

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Except for court proceedings, a law enforcement agency may use a confidential informant
only with a written agreement executed by the confidential informant and the law enforcement
agency. An agreement for use of a confidential informant must be in writing, and include:
1. The confidential informant's right to remain silent, the right to speak with legal counsel
at any time, and the right to cease working as a confidential informant;
2. A statement of the benefit, which will be recommended upon substantial compliance
with the informant agreement;
3. A statement that an absolute guarantee or promise may not be made to the
confidential informant other than law enforcement will truthfully report cooperation;
4. A statement of the inherent risk associated with acting as a confidential informant;
5. Confidential informant responsibilities, including testifying truthfully if called as a
witness in a court proceeding;
6. A written waiver of right to counsel which must be executed separately and attached to
the informant agreement, signed by the confidential informant and a law enforcement
officer, and include language stating that consulting legal counsel at any time will not
invalidate the agreement;
7. The parameters of the agreement, detailing the anticipated number of buys, sales,
acts, or the duration of service;
8. A description of any penalty for violating the terms of the written agreement, including
any additional criminal charges;
9. A warning that sexual relations with an intended target of a police investigation is a
violation of the agreement and may be a violation of the law;
10. A statement that money or property loaned or entrusted to the confidential informant
by law enforcement may not be used for personal use and must be accounted for at all
times; and
11. Specification of any known crimes of violence committed by a target offender.