N.D. Cent. Code § 29-29.1-02: Conditions to be met before issuance
Where this section sits in the code
- Title 29 Judicial Procedure, Criminal
- Chapter 29-29.1 Administrative Search Warrants
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.
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