23A-2-5.1. Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature.
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 of an arrest warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five working business days.
The officer executing the arrest warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile of the arrest warrant.
Source: SL 1991, ch 451 (Supreme Court Rule 91-17).
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 02 - Complaint, Warrant And Summons
Section 23A-2-3 - (Rule 4(b)) Evidence furnishing probable cause for warrant or summons.
Section 23A-2-4 - (Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.
Section 23A-2-5 - Copies of warrant sent to law enforcement officers.
Section 23A-2-6 - (Rule 4(c)(2)) Contents and signature of summons.
Section 23A-2-7 - (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.
Section 23A-2-10 - Time of execution of warrant.
Section 23A-2-11 - Service of summons on corporate defendant.