2016 North Dakota Century Code Title 29 Judicial Procedure, Criminal Chapter 29-29.1 Administrative Search Warrants
Download as PDF
CHAPTER 29-29.1
ADMINISTRATIVE SEARCH WARRANTS
29-29.1-01. Warrants to conduct inspections authorized by law.
1. Notwithstanding the provisions of chapter 29-29, any official or employee of the state
or of a unit of county or local government of North Dakota may, under the conditions
specified herein, obtain a warrant authorizing to conduct a search or inspection of
property if such a search or inspection is one that is elsewhere authorized by law,
either with or without the consent of the person whose privacy would be thereby
invaded, and is one for which such a warrant is constitutionally required.
2. The warrant may be issued by any magistrate whose territorial jurisdiction
encompasses the property to be inspected.
29-29.1-02. Conditions to be met before issuance.
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
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 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;
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.
29-29.1-03. Requirements for valid issuance.
The warrant is validly issued only if it meets the following requirements:
1. It must be signed by the issuing magistrate and must bear the date and hour of its
issuance above the magistrate's signature with a notation that the warrant is valid for
only twenty-four hours following its issuance;
2. It must describe, either directly or by reference to the affidavit, the property where the
search or inspection is to occur and be accurate enough in description so that the
executor of the warrant and the owner or the possessor of the property can reasonably
determine from it what person or property the warrant authorizes an inspection of;
3. It must indicate the conditions, objects, activities, or circumstances which the
inspection is intended to check or reveal; and
4. It must be attached to the affidavit required to be made in order to obtain the warrant.
29-29.1-04. Warrant valid for twenty-four hours.
Any warrant issued under this chapter for a search or inspection is valid for only twenty-four
hours after its issuance, must be personally served upon an owner or possessor of the property,
or upon any person present on the premises if an owner or possessor cannot reasonably be
found between the hours of 8:00 a.m. and 8:00 p.m., and must be returned within forty-eight
hours.
29-29.1-05. Competency of evidence discovered.
No facts discovered or evidence obtained in a search or inspection conducted under
authority of a warrant issued under this chapter may be competent as evidence in any civil,
criminal, or administrative action, nor considered in imposing any civil, criminal, or administrative
sanction against any person, nor as a basis for further seeking to obtain any warrant, if the
warrant is invalid or if what is discovered or obtained is not a condition, object, activity, or
circumstance which it was the legal purpose of the search or inspection to discover; but this
does not prevent any such facts or evidence to be so used when the warrant issued is not
constitutionally required in those circumstances.
Page No. 1
29-29.1-06. Not criminal search warrants.
The warrants authorized under this chapter may not be regarded as search warrants for the
purpose of application of chapter 29-29.
Page No. 2
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
