19-01-12. Seizure of unlawful products - Search warrant.
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/nd/title-19/chapter-19-01-administration/19-01-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A search warrant may be issued by any judge, including a district or municipal judge, whenever probable cause is shown by affidavit or deposition under oath that any article, product, composition, or thing is being kept or is present upon certain premises which shall be particularly described or is in possession of any person who shall be named in the affidavit or deposition, and that such article, product, composition, or thing, is not in compliance with, or is being used or possessed contrary to, any applicable provision of this title or of any rule, regulation, standard, tolerance, or definition issued pursuant thereto.
The search warrant must be in substantially the form described in the North Dakota Rules of Criminal Procedure. It must particularly describe the premises or the person who has possession of such article and must be signed by the judge with the name of the judge's office, and must be directed to any peace officer of the county or to the department or any of its agents. The warrant shall command the peace officer or agent of the department to search the persons or places named and to seize all and any products, articles, compositions, or things of the kind described therein which may be held in violation of any applicable provision of this title and to bring such products, articles, compositions, or things before the judge.