N.D. Cent. Code » Chapter t29c29
North Dakota Century Code

N.D. Cent. Code § 29-29-10 (2026)

Search warrant to be served in daytime - Exception

✓ current as of May 2026
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Superseded by N.D.R.Crim.P., Rule 41.

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Notes of Decisions
Cited in 4 cases, 1963–2007 · leading case: State v. Iverson, 187 N.W.2d 1 (N.D. 1971).
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State v. Iverson, 187 N.W.2d 1 (N.D. 1971). · cites it 32× “; and that the search warrant authorized a nighttime search in violation of Section 29-29-10, N.D.C.C., because the affidavits did not state that the property to be seized was positively located in the place to be searched.”
State v. Howe, 182 N.W.2d 658 (N.D. 1970). · cites it 3× “Section 29-29-10, N.D.C.C., requires that a search always be made during the daytime unless the affidavits are positive that the property is on the person or in the place to be searched.”
State v. Govan, 123 N.W.2d 110 (N.D. 1963). · cites it 2× “Also Section 29-29-10 NDCC requires that a search warrant be served in the daytime unless the magistrate inserts a direction that it may be served at night.”
State v. Jordan, 726 N.W.2d 534 (Minn. Ct. App. 2007). “2d at 32 (quoting N.D. Cent. Code § 29-29-10 that was superseded in 1980 by N.”
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