Conditions to be met before issuance

N.D.C.C. § 29-29.1-02 — under Administrative Search Warrants.

N.D.C.C. § 29-29.1-02

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.