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Section 23A-3-2.1 – Circumstances permitting warrantless arrests

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 probable cause to believe that:

(1) An order has been issued under chapter 25-10 protecting the victim and the terms of the order prohibiting acts or threats of abuse or excluding the person from a residence have been violated; or
(2) An order has been issued under chapter 22-19A protecting the victim and the terms of the order prohibiting acts of stalking or physical injury have been violated; or
(3) The person is eighteen years or older and within the preceding forty-eight hours has assaulted a person in a relationship as defined in § 25-10-3.1; and the officer believes that an aggravated assault has occurred; an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or an attempt by physical menace has been made to put another in fear of imminent serious bodily harm.

SDCL 23A-3-2.1

SL 1989, ch 207, § 1; SL 1996, ch 153; SL 1998, ch 146, §1; SL 2001, ch 119, §1; SL 2006, ch 134, §1.
Amended by S.L. 2015, ch. 139,s. 1, eff. 7/1/2015.