by admin | May 14, 2021 | Criminal Procedure, South Dakota
A warrant issued for a felony may be executed on any day, at any time of the day or night. A warrant issued for a misdemeanor shall not be executed at night unless an authorization for a night arrest is endorsed upon the warrant by the committing magistrate.SDCL...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary to effect the arrest....
by admin | May 14, 2021 | Criminal Procedure, South Dakota
When arresting a person without a warrant, the person making the arrest must inform the person to be arrested of his authority and the cause of the arrest, and require him to submit, except when the person to be arrested is engaged in the actual commission of an...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A warrant is executed by the arrest of the defendant. A law enforcement officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the law enforcement officer does...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Except as provided in this section and ยง 23A-3-7, a warrant may be executed or a summons may be served at any place within the state. A warrant or summons issued for the violation of a municipal ordinance may be executed or served at any place within a county in which...
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...
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