23A-3-3. Citizen's arrest.
Any person may arrest another:
(1)For a public offense, other than a petty offense, committed or attempted in his presence; or
(2)For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.
Source: SDC 1939 & Supp 1960, §34.1608; SDCL, §23-22-14; SL 1978, ch 178, §16.
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.