Page:2019 North Dakota Session Laws.pdf/983

Judicial Procedure, Criminal government entity shows that there is probable cause the person who possesses an electronic device is committing, has committed, or is about to commit a crime. An application for a warrant must be made in writing and include:

a. The identity of the government entity's peace officer making the application, and the officer authorizing the application; and

b. A statement of the facts and circumstances relied on by the applicant to justify the applicant's belief that a warrant should be issued, including:

(1) Details as to the particular offense that has been, is being, or is about to be committed; and

(2) The identity of the person, if known, committing the offense whose location information is to be obtained.

2. A government entity may obtain location information without a tracking warrant:

a. When the electronic device is reported lost or stolen by the owner;

b. In order to respond to the user's call for emergency services;

c. With the informed, affirmative, documented consent of the owner or user of the electronic device;

d. With the informed, affirmative consent of the legal guardian or next of kin of the owner or user if the owner or user is believed to be deceased or reported missing and unable to be contacted; or

e. In an emergency situation that involves injury or death to a person who possesses an electronic communications device pursuant to section 8-10-11.

29-29.6-03. Time period and extensions.

1. A tracking warrant issued under this section must authorize the collection of location information for a period not to exceed sixty days, or the period of time necessary to achieve the objective of the authorization, whichever is less.

2. Extensions of a tracking warrant may be granted, but only upon an application for an order and upon the judicial finding required by subdivision b of subsection 1 of section 29-29.6-02. The period of extension must be for a period not to exceed sixty days, or the period of time necessary to achieve the objective for which it is granted, whichever is less.

3. Subsections 1 and 2 apply only to tracking warrants issued for the contemporaneous collection of electronic device location information.

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: