29-29.1 Administrative Search Warrants
Download pdf
Loading PDF...
<![CDATA[CHAPTER 29-29.1ADMINISTRATIVE SEARCH WARRANTS29-29.1-01. Warrants to conduct inspections authorized by law.1.Notwithstanding the provisions of chapter 29-29, any official or employee of the state<br>or of a unit of county or local government of North Dakota may, under the conditions<br>specified herein, obtain a warrant authorizing to conduct a search or inspection of<br>property if such a search or inspection is one that is elsewhere authorized by law,<br>either with or without the consent of the person whose privacy would be thereby<br>invaded, and is one for which such a warrant is constitutionally required.2.The warrant may be issued by any magistrate whose territorial jurisdiction<br>encompasses the property to be inspected.29-29.1-02. Conditions to be met before issuance. The issuing magistrate shall issuethe 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<br>property to be searched or inspected is to be searched or inspected as a part of a<br>legally authorized program of inspection which naturally includes that property, or<br>that there is probable cause for believing that there is a condition, object, activity, or<br>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<br>described in subsection 1 must be signed under oath or affirmation by the affiant;<br>and3.The issuing magistrate shall examine the affiant under oath or affirmation to verify<br>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 itmeets the following requirements:1.It must be signed by the issuing magistrate and must bear the date and hour of its<br>issuance above the magistrate's signature with a notation that the warrant is valid for<br>only twenty-four hours following its issuance;2.It must describe, either directly or by reference to the affidavit, the property where<br>the search or inspection is to occur and be accurate enough in description so that<br>the executor of the warrant and the owner or the possessor of the property can<br>reasonably determine from it what person or property the warrant authorizes an<br>inspection of;3.It must indicate the conditions, objects, activities, or circumstances which the<br>inspection is intended to check or reveal; and4.It must be attached to the affidavit required to be made in order to obtain the<br>warrant.29-29.1-04.Warrant valid for twenty-four hours.Any warrant issued under thischapter for a search or inspection is valid for only twenty-four hours after its issuance, must be<br>personally served upon an owner or possessor of the property, or upon any person present on<br>the premises if an owner or possessor cannot reasonably be found between the hours of<br>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 evidenceobtained in a search or inspection conducted under authority of a warrant issued under thisPage No. 1chapter may be competent as evidence in any civil, criminal, or administrative action, nor<br>considered in imposing any civil, criminal, or administrative sanction against any person, nor as a<br>basis for further seeking to obtain any warrant, if the warrant is invalid or if what is discovered or<br>obtained is not a condition, object, activity, or circumstance which it was the legal purpose of the<br>search or inspection to discover; but this does not prevent any such facts or evidence to be so<br>used when the warrant issued is not constitutionally required in those circumstances.29-29.1-06. Not criminal search warrants. The warrants authorized under this chaptermay not be regarded as search warrants for the purpose of application of chapter 29-29.Page No. 2Document Outlinechapter 29-29.1 administrative search warrants]]>