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
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 § 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
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
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
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...
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