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...
by admin | May 14, 2021 | Family Law, South Dakota
Neither husband nor wife as such is answerable for the acts of the other.SDCL 25-2-14 SDC 1939, § 14.0206.
by admin | May 14, 2021 | Family Law, South Dakota
A husband and wife cannot by any contract with each other alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation and may make provision for the support of either of them and of their children during...
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...
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