N.D. Cent. Code § 29-29.1-02
29-29.1-02. Conditions to be met before issuance
29-29.1-02. Conditions to be met before issuance
The issuing magistrate shall issue the warrant when the magistrate is satisfied the following
conditions are met:
1. The one seeking the warrant shall establish under oath or affirmation that the property
or electronic communication information to be searched or inspected is to be searched
or inspected as a part of a legally authorized program of inspection which naturally
includes that property or electronic communication information, or that there is
probable cause for believing that there is a condition, object, activity, or circumstance
which legally justifies such a search or inspection of that property or electronic
communication information;
2. An affidavit indicating the basis for the establishment of one of the grounds described
in subsection 1 must be signed under oath or affirmation by the affiant; and
3. The issuing magistrate shall examine the affiant under oath or affirmation to verify the
accuracy of the matters indicated by the statement in the affidavit.