North Dakota Code 29-29.6-02 – Tracking warrant required for location information
1. Except as provided in subsection 2, a government entity may not obtain the location information of an electronic device without a tracking warrant. A warrant granting access to location information must be issued only if the 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:
Terms Used In North Dakota Code 29-29.6-02
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- writing: includes printing and typewriting. See North Dakota Code 29-01-13
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.