Title 29 — Judicial Procedure, Criminal

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,…

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. 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…

1. If the person is not arrested pursuant to section 29-30.3-12 or 29-30.3-18 within the period specified in the arrest warrant or other process, the magistrate for good cause may issue further orders under subsection 3 of section 29-30.3-06 for additional periods not exceeding a…

1. The governor may recognize a written demand by an executive authority for the extradition of a person, alleging that the person: a. Is charged with a crime in the demanding state; or b. Having been charged with or convicted of a crime in the demanding state has: (1) Escaped fr…

A demand for extradition must be accompanied by a certified copy of an arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the de…

The governor may: 1. Investigate the demand for extradition and the circumstances of the demanded person; 2. Request the attorney general or any state's attorney to investigate; or 3. Hold a hearing.

The guilt or innocence of the accused as to the crime with which the person is charged may not be inquired into by the governor or in any proceeding after a demand for extradition has been presented to the governor or a demand for rendition has been filed with the attorney genera…

1. If a demanded person is being prosecuted, is imprisoned, is on parole or probation, or is subject to an order arising out of a criminal proceeding, in this state, the governor may: a. Grant extradition; b. Delay action; or c. Agree with the executive authority of the demanding…

1. If the governor decides to comply with the demand for extradition, the governor shall issue a warrant for the arrest and extradition of the demanded person. The governor's warrant must recite the name of the state demanding extradition and the crime charged or other basis for …

1. A person arrested under a governor's warrant must be brought before the nearest available magistrate who shall receive the warrant and inform the person of: a. The name of the state demanding extradition; b. The crime charged or other basis for the demand; c. The right to assi…

1. If the magistrate after hearing finds that the governor has issued a warrant supported by the documentation required by subsection 1 of section 29-30.3-08 and section 29-30.3-09, the magistrate shall issue an order to transfer custody pursuant to section 29-30.3-21 unless the …

1. Subject to subsections 2 and 3, this state may grant a written request by an issuing authority of another state for the rendition of a person in this state. 2. The request must be refused if the requested person is: a. Being prosecuted or is imprisoned in this state for a crim…

A request for rendition must be accompanied by a certified copy of the arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the re…

A request for rendition under section 29-30.3-15 must be filed with the attorney general's office, which office shall forward the request to the proper state's attorney. The governor by written order may terminate the use of rendition at any time before the issuance of an order t…

Upon receipt of a request under section 29-30.3-17, the prosecuting official shall apply to a magistrate for the issuance of an arrest warrant, or other process, to obtain the appearance of the requested person. If the magistrate finds that the provisions of sections 29-30.3-15 a…

1. The magistrate shall inform the person appearing pursuant to section 29-30.3-18 of: a. The name of the state requesting rendition; b. The basis for the arrest warrant in the other state; c. The right to assistance of counsel; and d. The right to require a judicial hearing purs…