29-29.6-04. Notice - Temporary nondisclosure of tracking warrant

29-29.6-04. Notice - Temporary nondisclosure of tracking warrant 1. Within a reasonable time, but not later than ninety days after the court unseals the tracking warrant under this section, the issuing or denying judge shall cause to be served on the persons named in the warrant and the application an inventory which shall include notice of: a. The fact of the issuance of the warrant or the application; b. The date of the issuance and the period of authorized, approved, or disapproved collection of location information, or the denial of the application; and c. The fact that during the period location information was or was not collected. 2. A tracking warrant authorizing collection of location information must direct that: a. The warrant be sealed for a period of ninety days; and b. The warrant be filed with the court administrator within ten days of the expiration of the warrant. 3. The prosecutor may request that the tracking warrant, supporting affidavits, and any order granting the request not be filed. An order must be issued granting the request in whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable grounds exist to believe that filing the warrant may cause the search or a related search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely hamper an ongoing investigation. 4. The tracking warrant must direct that following the commencement of any criminal proceeding utilizing evidence obtained in or as a result of the search, the supporting application or affidavit must be filed either immediately or at any other time as the court directs. Until such filing, the documents and materials ordered withheld from filing must be retained by the judge or the judge's designee.