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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-29.1-02. Conditions to be met before issuance - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-29-judicial-procedure-criminal/nd-cent-code-sect-29-29-1-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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