Section 29-29.1-02 - Conditions to be met before issuanceThe 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; and3. 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.Amended by S.L. 2023 , ch. 306( SB 2043 ), § 2, eff. 8/1/2023.