29-29 Search Warrants
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<![CDATA[CHAPTER 29-29SEARCH WARRANTS29-29-01. Search warrant defined. A search warrant is an order in writing, made in thename of the state, signed by a magistrate, directed to a peace officer, commanding the peace<br>officer to search for personal property and to bring it before the magistrate.29-29-02. Grounds for issuance of search warrant. Superseded by N.D.R.Crim.P.,Rule 41.29-29-03. Issued only upon probable cause. Superseded by N.D.R.Crim.P., Rule 41.29-29-04. Sworn complaint must be made - Depositions of witnesses. Supersededby N.D.R.Crim.P., Rule 41.29-29-05. Requisites of search warrant. Superseded by N.D.R.Crim.P., Rule 41.29-29-06. Form of search warrant. Superseded by N.D.R.Crim.P., Rules 41, 58.29-29-07. By whom search warrant served. Superseded by N.D.R.Crim.P., Rule 41.29-29-08. Execution of warrant - Use of force. An officer directed to serve a searchwarrant may break open an outer or inner door or window of a house, or any part of the house, or<br>anything therein, to execute the warrant:1.If, after notice of the officer's authority and purpose, the officer is refused admittance;<br>or2.Without notice of the officer's authority and purpose if the warrant was issued by a<br>magistrate who is learned in the law and who has inserted a direction therein that<br>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<br>the magistrate's satisfaction, that the property sought may be easily and quickly destroyed or<br>disposed of, or that danger to the life or limb of the officer or another may result, if such notice<br>were to be given.29-29-09. Liberating self or assistant - Use of force. To execute a search warrant, anofficer may break open any outer or inner door or window of a house for the purpose of liberating<br>a person who, having entered to aid the officer in the execution of the warrant, is detained<br>therein, or when necessary for the officer's own liberation.29-29-10.Search warrant to be served in daytime - Exception.Superseded byN.D.R.Crim.P., Rule 41.29-29-11.Search warrant void if not executed in ten days.Superseded byN.D.R.Crim.P., Rule 41.29-29-12. Return of warrant. Superseded by N.D.R.Crim.P., Rule 41.29-29-13. Copy of inventory - To whom delivered. Superseded by N.D.R.Crim.P.,Rule 41.29-29-14.Complaint controverted - Testimony in writing - Authentication.Superseded by N.D.R.Crim.P., Rule 41.29-29-15. When property taken under search warrant to be restored. Supersededby N.D.R.Crim.P., Rule 41.Page No. 129-29-16.Papers relating to search warrant to be returned to district court.Superseded by N.D.R.Crim.P., Rule 41.29-29-17. Disposal of property taken on a warrant. Superseded by N.D.R.Crim.P.,Rule 41.29-29-18. Causing issuance of search warrant on false information - Penalty. Aperson who recklessly and without probable cause causes a search warrant to be issued and<br>executed is guilty of a class A misdemeanor.29-29-19.Officer exceeding authority guilty of misdemeanor.Repealed byS.L. 1975, ch. 106, </p>
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