Title 29, Judicial Procedure, Criminal

Whenever the attorney general considers it to be in the public interest to convene a grand jury with jurisdiction extending beyond the boundaries of any single county, the attorney general shall petition a judge of the district court for an order impaneling a state grand jury. Th…

The judge granting the order to impanel a state grand jury shall determine the counties from which the grand jurors are to be selected with due regard for the expense involved and the inconvenience of travel. The judge granting the order for a state grand jury shall notify the cl…

1. State grand jurors must be summoned in the same manner and must be governed by the same provisions as jurors of county grand juries. Judicial supervision of the state grand jury must be maintained by the judge who granted the order impaneling the state grand jury in the same m…

1. In addition to its power of indictment, a state grand jury impaneled under this chapter may, at the request of the attorney general, cause an investigation to be made into the extent of multicounty criminal activity which involves organized crime as defined herein or corruptio…

1. State grand jurors, in addition to receiving the juror fee provided by law for petit jurors, must be reimbursed for necessary expenses on a per diem basis in the same manner and at the same rate as state employees. 2. The costs and expenses incurred in impaneling a state grand…

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 se…

1. As used in this section, "Electronic communication information" means any information about an electronic communication or the use of an electronic communication service, limited to the contents of electronic communications and precise or approximate location of the target sen…

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 b…

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 ten days following its iss…

Any warrant issued under this chapter for a search or inspection is valid for only ten days 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 bet…

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 san…

The warrants authorized under this chapter may not be regarded as search warrants for the purpose of application of chapter 29-29.

As used in this chapter, unless the context otherwise requires: 1. "Aggrieved person" means a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed. 2. "Common carrier" is defined in section 8-07-0…

1. An ex parte order for wiretapping or eavesdropping, or both, may be issued by any judge of competent jurisdiction. The order may be issued upon application of the attorney general, or an assistant attorney general, or a state's attorney, or an assistant state's attorney, showi…

An order authorizing the interception of a wire, electronic, or oral communication must, upon request of the applicant, direct that a communication common carrier shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish t…

A state's attorney shall report annually to the attorney general information as to the number of applications made for orders permitting the interception of wire, electronic, or oral communications; the offense specified in the order or application; the nature of the facilities f…

This chapter does not apply to the interception, disclosure, or use of a wire, electronic, or oral communication if the person intercepting, disclosing, or using the wire, electronic, or oral communication: 1. Was a person acting under color of law to intercept a wire, electronic…

As used in this chapter, unless the context otherwise requires: 1. "Electronic communication" means transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or phot…

A person may not install or use a pen register or trap and trace device without first obtaining a court order under this chapter. The prohibition in this section does not apply with respect to the use of a pen register or a trap and trace device by a provider of electronic or wir…

1. The attorney general, an assistant attorney general, a state's attorney, or an assistant state's attorney may make application, in writing under oath or equivalent affirmation, for an order or an extension of an order under this chapter authorizing or approving the installatio…

1. Upon an application made under this chapter, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney general, assistant attorney general,…

1. Upon the request of the attorney general, assistant attorney general, state's attorney, or assistant state's attorney or an officer of a law enforcement agency authorized to install and use a pen register under this chapter, a provider of wire or electronic communication servi…

As used in this chapter: 1. "Autonomously" means to operate or govern itself without direct human control. 2. "Flight data" means imaging or other observation recording. 3. "Flight information" means flight duration, flight path, and mission objective. 4. "Law enforcement agency …

1. Information obtained from an unmanned aerial vehicle or robot is not admissible in a prosecution or proceeding within the state unless the information was obtained: a. Pursuant to the authority of a search warrant; or b. In accordance with exceptions to the warrant requirement…

A warrant for the use of an unmanned aerial vehicle or robot for the purpose of surveillance must satisfy the requirements of the Constitution of North Dakota. In addition, the warrant must contain a data collection statement that includes: 1. The persons that will have the power…

This chapter does not prohibit any use of an unmanned aerial vehicle or robot for surveillance during the course of: 1. Patrol of national borders. The use of an unmanned aerial vehicle or robot to patrol within twenty-five miles [40.23 kilometers] of a national border, for purpo…

1. A law enforcement agency may not authorize the use of, including granting a permit to use, an unmanned aerial vehicle armed with any lethal weapons. 2. This chapter prohibits any use of an unmanned aerial vehicle or robot for: a. Domestic use in private surveillance. A law enf…

1. The person authorized to conduct the surveillance under this chapter shall document all use of an unmanned aerial vehicle or robot for surveillance. The person shall document all surveillance flights as to duration, flight path, and mission objectives. 2. The flight informatio…

1. "Benefit" means any of the following conferred on a confidential informant or a third party: a. Leniency in a criminal case or probation or parole matter, including a decision whether to arrest or charge an offense or to limit the number or severity of charges; b. Sentence red…

1. A law enforcement agency may not use a juvenile fifteen years of age or younger as a confidential informant. 2. A juvenile over the age of fifteen, but under the age of eighteen, may not be used as a confidential informant unless: a. The juvenile is married; b. The juvenile is…

A law enforcement officer employed under section 15-10-17 may not enter an informant agreement with a student enrolled in an institution under the control of the state board of higher education.

1. After July 1, 2018, a law enforcement agency may not use a confidential informant unless the law enforcement agency is trained in the use of confidential informants in a training course approved by the attorney general. a. Training must occur at least once every three years, a…

Except for court proceedings, a law enforcement agency may use a confidential informant only with a written agreement executed by the confidential informant and the law enforcement agency. An agreement for use of a confidential informant must be in writing, and include: 1. The co…

Upon the death of a confidential informant, the supervising law enforcement agency shall withdraw from the investigation of the death of its confidential informant. The supervising law enforcement agency promptly shall notify the attorney general of its withdrawal from the invest…

1. An individual may report a suspected violation of this chapter to the appropriate law enforcement agency administration. The law enforcement agency shall investigate any reported violation within twenty days from receiving the complaint and, within forty-five days from receivi…

1. An informant agreement may be presented to the court at the time of sentencing. A court shall give consideration at sentencing to a confidential informant who has substantially complied with an informant agreement. 2. After consideration of an informant agreement, a court may …

As used in this chapter: 1. "Electronic communication service" has the meaning given in subsection 2 of section 29-29.3-01. 2. "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service, or location informatio…

1. Except as provided in subsection 2, a government entity may not obtain the location information of an electronic device without a tracking warrant. A warrant granting access to location information must be issued only if the government entity shows that there is probable cause…

1. A tracking warrant issued under this section must authorize the collection of location information for a period not to exceed sixty days, or the period of time necessary to achieve the objective of the authorization, whichever is less. 2. Extensions of a tracking warrant may b…

1. Within a reasonable time, but not later than ninety days after the court unseals the tracking warrant under this section, the issuing or denying judge shall cause to be served on the persons named in the warrant and the application an inventory which shall include notice of: a…

As used in this chapter: 1. "Arrest warrant" means any document that authorizes a peace officer to take custody of a person. 2. "Certified copy" means a copy of a document accompanied by a statement of a custodian authorized by the law of a state to maintain the document that the…

The law of pretrial release of this state governs release of a person pursuant to sections 29-30.3-06, 29-30.3-13, 29-30.3-19, and 29-30.3-21.

This chapter and proceedings under it are not exclusive and do not affect the authority of this state to: 1. Try a demanded or requested person for a crime committed within this state; 2. Take custody of a demanded or requested person by extradition or rendition proceedings for t…

1. A peace officer may arrest a person without an arrest warrant upon probable cause to believe that the person is the subject of another state's arrest warrant issued for: a. Commission of a crime punishable by death or imprisonment for a term exceeding one year; b. Escape from …

1. A magistrate for the county where arrest is sought shall authorize the issuance of an arrest warrant or other process to obtain the appearance of a person, if testimony or affidavit shows probable cause to believe: a. The person is in this state; and b. The person is the subje…

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-04 or 29-30.3-05 of: a. The name of the other state that has subjected the person to an arrest warrant; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; a…