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 installation and use of a pen register or a trap and trace device under this chapter to a court of competent jurisdiction.

Terms Used In North Dakota Code 29-29.3-03

  • information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • oath: includes an affirmation. See North Dakota Code 29-01-13
  • Oath: A promise to tell the truth.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • writing: includes printing and typewriting. See North Dakota Code 29-01-13

     2.    An investigative or law enforcement officer 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 installation and use of a pen register or a trap and trace device under this chapter to a court of competent jurisdiction of this state.

3.    An application under subsection 1 or 2 must include:

a.    The identity of the attorney general, assistant attorney general, state’s attorney, or assistant state’s attorney or the law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and

b.    A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.