North Dakota Code 29-29.1-03 – Requirements for valid issuance
The warrant is validly issued only if it meets the following requirements:
Terms Used In North Dakota Code 29-29.1-03
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- signature: includes a mark, when the person cannot write, the person's name being written near it and the mark being witnessed by a person who writes the witness's own name as a witness, except that if the paper is an affidavit or deposition, or a paper issued before a judicial officer, the attestation of the officer is sufficient. See North Dakota Code 29-01-13
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 issuance; 2. It must describe, either directly or by reference to the affidavit, the property where the search or inspection is to occur and be accurate enough in description so that the executor of the warrant and the owner or the possessor of the property can reasonably determine from it what person or property the warrant authorizes an inspection of; 3. It must indicate the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
4. It must be attached to the affidavit required to be made in order to obtain the warrant.