1.    The commissioner, with a warrant or the consent of the owner, may make reasonable inspection of any premises in this state and any property in or on the premises. The commissioner, without a warrant with the assistance of any law enforcement agency may stop and inspect, in a reasonable manner, any means of transportation moving in this state upon probable cause to believe it contains or carries any pest, host, or other article subject to this chapter. The commissioner may make any other reasonable inspection of any premises or means of transportation for which no warrant is required under the Constitution of the United States and the Constitution of North Dakota.

Terms Used In North Dakota Code 4.1-23-06

  • Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • 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
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    District courts in this state may issue warrants for inspections of property or transportation upon a showing by the commissioner of probable cause to believe there exists in or on the property or transportation to be inspected a pest, host, or other article subject to this chapter.

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