by admin | May 14, 2021 | Criminal Procedure, South Dakota
Neither § 23A-3-9 nor 23A-3-10 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful.SDCL 23A-3-11 SL 1939, ch 139, §§ 1, 3; SDC Supp 1960, §§ 34.16B01, 34.16B03; SDCL, § 23-23-4; SL 1978, ch 178, § 25.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A law enforcement officer may, without a warrant, arrest a person:(1) For a public offense, other than a petty offense, committed or attempted in his presence; or(2) Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
An arrest is the taking of a person into custody so that he may be held to answer for the alleged commission of a public offense.SDCL 23A-3-1 SDC 1939 & Supp 1960, § 34.1601; SDCL, § 23-22-1; SL 1978, ch 178, § 14.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
SDCL 23A-2-14Transferred to § 25-10-37.
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