23-24-15. Arrest prior to requisition.
Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under §23-24-7, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under §23-24-7, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation, or parole and is believed to be in this state, the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate, or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Source: SDC 1939, §34.1712; SL 1953, ch 200, §13.
Structure South Dakota Codified Laws
Chapter 24 - Extradition Proceedings
Section 23-24-1 - Definition of terms.
Section 23-24-2 - Fugitives from other states--Governor to cause arrest and delivery.
Section 23-24-3 - Form of demand for extradition to another state.
Section 23-24-4 - Investigation by Governor.
Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily.
Section 23-24-8 - Governor's warrant of arrest--Issuance--Recitals.
Section 23-24-9 - Manner and place of execution.
Section 23-24-10 - Authority of arresting officer.
Section 23-24-12 - Application for habeas corpus to test legality of arrest.
Section 23-24-13 - Confinement in jail when necessary.
Section 23-24-15 - Arrest prior to requisition.
Section 23-24-16 - Arrest without a warrant.
Section 23-24-17 - Commitment to await requisition.
Section 23-24-18 - Bail pending proceedings--Conditions of bond.
Section 23-24-20 - Forfeiture of bail.
Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.
Section 23-24-23 - Governor may recall warrant or issue alias.
Section 23-24-24 - Written waiver of extradition proceedings.
Section 23-24-25 - Consent to return to demanding state--Execution--Filing--Effect.
Section 23-24-26 - Voluntary return without formality.
Section 23-24-27 - Nonwaiver by this state.
Section 23-24-28 - Fugitives from this state--Governor to issue warrant.
Section 23-24-31 - Application for Governor's requisition--Verification--Accompanying documents.
Section 23-24-32 - Disposition of copies of application and accompanying documents.
Section 23-24-33 - Immunity from civil process.
Section 23-24-34 - No immunity as to prosecution for other crimes.
Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state.
Section 23-24-37 - Uniformity of interpretation.