North Dakota Code 29-29.5-02 – Limitation on use of juvenile confidential informants
Current as of: 2023 | Check for updates
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1. A law enforcement agency may not use a juvenile fifteen years of age or younger as a confidential informant.
Terms Used In North Dakota Code 29-29.5-02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
2. A juvenile over the age of fifteen, but under the age of eighteen, may not be used as a confidential informant unless:
a. The juvenile is married; b. The juvenile is emancipated; c. The juvenile is serving in the active duty armed forces; or d. The juvenile is subject to criminal charges; and
(1) There are no other reasonable avenues to obtain evidence of the crime being investigated and the risk of harm to the juvenile is minimal; (2) The juvenile’s custodial parent or guardian has signed the informant agreement; and
(3) The juvenile has consulted with legal counsel.