North Dakota Code 29-29-08 – Execution of warrant – Use of force
An officer directed to serve a search warrant may break open an outer or inner door or window of a house, or any part of the house, or anything therein, to execute the warrant:
Terms Used In North Dakota Code 29-29-08
- magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- 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
1. If, after notice of the officer’s authority and purpose, the officer is refused admittance; or 2. Without notice of the officer’s authority and purpose if the warrant was issued by a magistrate who is learned in the law and who has inserted a direction therein that the officer executing it shall not be required to give such notice.
The magistrate may so direct only upon written or recorded oral petition and proof under oath, to the magistrate’s satisfaction, that the property sought may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, if such notice were to be given.