by admin | May 14, 2021 | Criminal Procedure, South Dakota
The term “fresh pursuit” as used in §§ 23A-3-10 to 23A-3-14, 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. It...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any person may arrest another:(1) For a public offense, other than a petty offense, committed or attempted in his presence; or(2) For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
SDCL 23A-3-2.2Transferred to § 25-10-35.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
For the purposes of §§ 23A-3-9 to 23A-3-15, inclusive, the word “state” shall include the District of Columbia.SDCL 23A-3-13 SL 1939, ch 139, § 4; SDC Supp 1960, § 34.16B04; SDCL, § 23-23-3; SL 1978, ch 178, § 26.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If an arrest is made in this state by an officer of another state in accordance with the provisions of § 23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has...
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