23A-3-12. Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.
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 conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit the person to bail for such purpose. If the magistrate determines that the arrest was unlawful the magistrate shall discharge the person arrested.
Source: SL 1939, ch 139, §2; SDC Supp 1960, §34.16B02; SDCL, §§23-23-5, 23-23-6; SL 1978, ch 178, §24.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 03 - (Rule 4.1) Arrest
Section 23A-3-1 - Definition of arrest.
Section 23A-3-2 - Law enforcement officer's power to arrest without warrant.
Section 23A-3-2.1 - Circumstances permitting warrantless arrests.
Section 23A-3-3 - Citizen's arrest.
Section 23A-3-4 - Advice as to authority and cause of arrest without warrant.
Section 23A-3-6 - Aid to law enforcement officer on request.
Section 23A-3-7 - Restriction on place of arrest for violation of local ordinance or bylaw.
Section 23A-3-8 - Receipts given for property taken from person arrested.
Section 23A-3-9 - Fresh pursuit misdemeanor arrest by officer of another state.
Section 23A-3-10 - Fresh pursuit felony arrest by officer of another state.
Section 23A-3-11 - Other powers of arrest unimpaired by fresh pursuit authority.
Section 23A-3-13 - District of Columbia treated as state.
Section 23A-3-14 - Definition of fresh pursuit for interstate felony arrest.
Section 23A-3-15 - Citation of provisions on interstate pursuit.
Section 23A-3-16 - Arrest for misdemeanor on intrastate fresh pursuit.
Section 23A-3-17 - Arrest for felony on intrastate fresh pursuit.
Section 23A-3-18 - Disposition of prisoner taken on intrastate fresh pursuit.
Section 23A-3-19 - Definition of fresh pursuit in intrastate felony arrests.
Section 23A-3-20 - Citation of provisions on intrastate fresh pursuit.
Section 23A-3-24 - Federal law enforcement officer defined.
Section 23A-3-25 - Authority of federal law enforcement officer.
Section 23A-3-26 - Definition of expungement.
Section 23A-3-27 - Motion for expungement of arrest record.
Section 23A-3-28 - Service of motion--Fee.
Section 23A-3-29 - Hearing on motion for expungement.
Section 23A-3-30 - Order of expungement.
Section 23A-3-32 - Effect of order of expungement.
Section 23A-3-33 - No time limitation for making application.
Section 23A-3-35 - Eligibility of person placed in diversion program for expungement of record.
Section 23A-3-36 - Dismissal of charges and notice of completion of diversion.
Section 23A-3-37 - Expungement of record on filing of dismissal and notice.