CHAPTER 29-29 SEARCH WARRANTS 29-29-01. Search warrant defined

A search warrant is an order in writing, made in the name of the state, signed by a magistrate, directed to a peace officer, commanding the peace officer to search for personal property and to bring it before the magistrate

29-29-02. Grounds for issuance of search warrant

Superseded by N.D.R.Crim.P., Rule 41

29-29-03. Issued only upon probable cause

Superseded by N.D.R.Crim.P., Rule 41

29-29-04. Sworn complaint must be made - Depositions of witnesses

Superseded by N.D.R.Crim.P., Rule 41

29-29-05. Requisites of search warrant

Superseded by N.D.R.Crim.P., Rule 41

29-29-06. Form of search warrant

Superseded by N.D.R.Crim.P., Rules 41, 58

29-29-07. By whom search warrant served

Superseded by N.D.R.Crim.P., Rule 41

29-29-08. Execution of warrant - Use of force

An officer directed to serve a search warrant may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant: 1

If, after notice of the officer's authority and purpose, the officer is refused admittance; or 2. Without notice of the officer's authority and purpose if the warrant was issued by a magistrate who is learned in the law and who has inserted a direction therein that the officer executing it shall not be required to give such notice

The magistrate may so direct only upon written or recorded oral petition and proof under oath, to the magistrate's satisfaction, that the property sought may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, if such notice were to be given

29-29-09. Liberating self or assistant - Use of force

To execute a search warrant, an officer may break open any outer or inner door or window of a house for the purpose of liberating a person who, having entered to aid the officer in the execution of the warrant, is detained therein, or when necessary for the officer's own liberation

29-29-10. Search warrant to be served in daytime - Exception

Superseded by N.D.R.Crim.P., Rule 41

29-29-11. Search warrant void if not executed in ten days

Superseded by N.D.R.Crim.P., Rule 41

29-29-12. Return of warrant

Superseded by N.D.R.Crim.P., Rule 41

Page No. 1 29-29-13. Copy of inventory - To whom delivered

Superseded by N.D.R.Crim.P., Rule 41

29-29-14. Complaint controverted - Testimony in writing - Authentication

Superseded by N.D.R.Crim.P., Rule 41

29-29-15. When property taken under search warrant to be restored

Superseded by N.D.R.Crim.P., Rule 41

29-29-16. Papers relating to search warrant to be returned to district court

Superseded by N.D.R.Crim.P., Rule 41

29-29-17. Disposal of property taken on a warrant

Superseded by N.D.R.Crim.P., Rule 41

29-29-18. Causing issuance of search warrant on false information - Penalty

A person who recklessly and without probable cause causes a search warrant to be issued and executed is guilty of a class A misdemeanor

29-29-19. Officer exceeding authority guilty of misdemeanor

Repealed by S.L. 1975, ch. 106, ยง 673

29-29-20. Search of accused for dangerous weapons - Circumstances permitting

When a person charged with a felony is supposed by the magistrate before whom the person is brought to have possession of a dangerous weapon, or anything which may be used as evidence of the commission of the offense, the magistrate may direct the person to be searched in the magistrate's presence, and the weapon or other thing to be retained, subject to the magistrate's order or the order of the court in which the defendant may be tried

29-29-21. Temporary questioning of persons in public places - Search for weapons

A peace officer may stop any person abroad in a public place whom the officer reasonably suspects is committing, has committed, or is about to commit: 1

2

3

4

Any felony

A misdemeanor relating to the possession of a concealed or dangerous weapon or weapons

Burglary or unlawful entry

A violation of any provision relating to possession of marijuana or of narcotic, hallucinogenic, depressant, or stimulant drugs

The peace officer may demand of such person the person's name, address, and an explanation of the person's actions. When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that the officer is in danger of life or limb, the officer may search such person for a dangerous weapon. If the peace officer finds such a weapon or any other thing, the possession of which may constitute a crime, the officer may take and keep it until the completion of the questioning, at which time the officer shall either return it, if lawfully possessed, or arrest such person

29-29-22. Release of information contained in complaint or warrant

The magistrate who issues a search warrant shall order the information in the complaint and warrant confidential, if the law enforcement officer articulates a reason for the confidentiality that convinces the issuing magistrate that limited confidentiality is necessary for the safety of the law enforcement officer or to enable the warrant to be properly served. The magistrate shall limit the duration of the order to the time of the arrest of the accused and shall exempt law enforcement officers in the performance of official duties

Page No. 2