by admin | May 14, 2021 | Criminal Procedure, South Dakota
The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.SDCL...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The term “fresh pursuit” as used in §§ 23A-3-17 to 23A-3-19, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If an arrest under § 23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate of the...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:(1) After one year from the date of any arrest if no accusatory instrument was filed;(2)...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not make...
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