Sec. 29.08.01.01. Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) Covert Investigation.

(a) "Covert investigation" means an infiltration of or attempt to infiltrate a group or organization in a manner that conceals the identity of the law enforcement agency or the identity of an officer or agent of the law enforcement agency.

(b) "Covert investigation" does not include the use of plainclothes officers or employees for crowd control and public safety purposes at public events.

(2) "Criminal intelligence" means information concerning or related to the detection, investigation, deterrence, or prevention of crime or the apprehension and prosecution of a suspected criminal.

(3) "Department" means the Department of State Police.

(4) "First Amendment activities" means:

(a) Activities involving constitutionally protected speech or association; or

(b) Conduct related to freedom of speech, free exercise of religion, freedom of the press, the right to assemble, or the right to petition the government.

(5) "Legitimate law enforcement objective" means the detection, investigation, deterrence, or prevention of crime, or the apprehension and prosecution of a suspected criminal.

(6) Reasonable, Articulable Suspicion of Criminal Activity.

(a) "Reasonable, articulable suspicion of criminal activity" means an objective, factual basis for initiating or pursuing an investigation, which basis is substantially less than that required to establish probable cause.

(b) "Reasonable, articulable suspicion of criminal activity" is established when information exists which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise.