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North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-29.6-02. Tracking warrant required for location information

Current as of January 01, 2024 | Updated by Findlaw Staff

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 the person who possesses an electronic device is committing, has committed, or is about to commit a crime. An application for a warrant must be made in writing and include:

a. The identity of the government entity's peace officer making the application, and the officer authorizing the application; and

b. A statement of the facts and circumstances relied on by the applicant to justify the applicant's belief that a warrant should be issued, including:

(1) Details as to the particular offense that has been, is being, or is about to be committed; and

(2) The identity of the person, if known, committing the offense whose location information is to be obtained.

2. A government entity may obtain location information without a tracking warrant:

a. When the electronic device is reported lost or stolen by the owner;

b. In order to respond to the user's call for emergency services;

c. With the informed, affirmative, documented consent of the owner or user of the electronic device;

d. With the informed, affirmative consent of the legal guardian or next of kin of the owner or user if the owner or user is believed to be deceased or reported missing and unable to be contacted; or

e. In an emergency situation that involves injury or death to a person who possesses an electronic communications device pursuant to section 8-10-11.

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Cite this article: FindLaw.com - North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-29.6-02. Tracking warrant required for location information - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-29-judicial-procedure-criminal/nd-cent-code-sect-29-29-6-02/

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