by admin | May 14, 2021 | Criminal Procedure, South Dakota
A warrant or summons shall be executed by any law enforcement officer who is authorized by law to execute the same. This section shall not be construed to extend the territorial jurisdiction of any law enforcement officer.SDCL 23A-2-7 SL 1978, ch 178, § 10.
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
A summons shall be in the same form as a warrant of arrest except that it shall summon the defendant to appear before a committing magistrate at a stated time and place. In addition, a summons shall state that if the defendant does not appear, a warrant will be issued...
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...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance...
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...
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