South Dakota Codified Laws
Chapter 24 - Extradition Proceedings
Section 23-24-16 - Arrest without a warrant.

23-24-16. Arrest without a warrant.
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or incarceration for a term one year or greater, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in §23-24-15; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant.

Source: SDC 1939, §34.1713; SL 1953, ch 200, §14; SL 2015, ch 138, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23 - Law Enforcement

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 23-24-5 - Agreement for return of fugitive to this state after trial or sentence in another state.

Section 23-24-6 - Fugitive from another state who departed therefrom involuntarily.

Section 23-24-7 - Fugitive from another state who was absent therefrom at the time of the commission of the crime.

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 23-24-11 - Rights of accused person before delivery to agent for extradition--Violation as misdemeanor.

Section 23-24-12 - Application for habeas corpus to test legality of arrest.

Section 23-24-13 - Confinement in jail when necessary.

Section 23-24-14 - Taking prisoner from another state to demanding state through this state--Confinement in jail.

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 23-24-19 - Failure to arrest under Governor's warrant within specified time--Discharge or recommitment--New bail.

Section 23-24-20 - Forfeiture of bail.

Section 23-24-21 - Persons under criminal prosecution in this state at time of requisition.

Section 23-24-22 - Identifying prisoner as the person charged with the crime--No other inquiry concerning guilt.

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 23-24-29 - Application for Governor's requisition from another state--Person charged with crime--Contents--Certification by prosecuting attorney.

Section 23-24-30 - Person convicted of escaping or violating bail, probation or parole--Application for requisition, by whom made, contents.

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 23-24-35 - Compensation in extradition cases--Authorization by Governor required--Unauthorized asking or receiving as misdemeanor--Officer defined.

Section 23-24-36 - Custody and restraint of person in South Dakota by agent of foreign state.

Section 23-24-37 - Uniformity of interpretation.

Section 23-24-38 - Severability of provisions.

Section 23-24-39 - Citation of uniform provision.