North Dakota Code 29-29.5-01 – Definitions
1. “Benefit” means any of the following conferred on a confidential informant or a third party:
Terms Used In North Dakota Code 29-29.5-01
- Arrest: Taking physical custody of a person by lawful authority.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. Leniency in a criminal case or probation or parole matter, including a decision whether to arrest or charge an offense or to limit the number or severity of charges; b. Sentence reduction of any kind or amount; or
c. A favorable sentencing or bond recommendation.
2. “Confidential informant” means an individual who cooperates with a law enforcement agency and:
a. Is willing to attempt a controlled buy or controlled sale or agrees to surreptitiously record a target offender; and b. Seeks or is offered a benefit.
3. “Controlled buy” means the purchase or attempted purchase of contraband, controlled substances, or other items material to a criminal investigation while under supervision or direction of law enforcement.
4. “Controlled sale” means the sale or attempted sale of contraband, controlled substances, or other items material to a criminal investigation while under supervision or direction of enforcement.
5. “Informant agreement” means a written agreement describing the rights and obligations of a confidential informant and law enforcement agency.
6. “Law enforcement agency” means an agency authorized by law to enforce the law and to conduct or engage in investigations or prosecutions for violations of the law.
7. “Target offender” means an individual suspected of a violation of the law, whose identity is known or unknown, and who is the focus of an informant agreement.