South Dakota Codified Laws
Chapter 35 - (Rule 41) Search And Seizure
Section 23A-35-2 - (Rule 41(a)) Magistrate issuing warrant--Officer requesting.

23A-35-2.(Rule 41(a)) Magistrate issuing warrant--Officer requesting.
A search warrant authorized by this chapter may be issued by a committing magistrate in the county where the property sought is located, on the request of a law enforcement officer or prosecuting attorney.

Source: SL 1978, ch 178, ยง439.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 35 - (Rule 41) Search And Seizure

Section 23A-35-1 - Definition of search warrant.

Section 23A-35-2 - (Rule 41(a)) Magistrate issuing warrant--Officer requesting.

Section 23A-35-3 - (Rule 41(b)) Property for which warrant may be issued.

Section 23A-35-4 - (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant.

Section 23A-35-4.1 - Filing of affidavit--Sealing of affidavit.

Section 23A-35-4.2 - Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.

Section 23A-35-4.3 - Search warrant for installation, use, and maintenance of tracking device.

Section 23A-35-5 - (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.

Section 23A-35-6 - (Rule 41(c)(2)(A)) Grounds for warrant on oral testimony--Verbatim contents of warrant--Signature of duplicate by requesting officer--Preparation of original by magistrate.

Section 23A-35-7 - (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.

Section 23A-35-8 - Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.

Section 23A-35-9 - Grounds for no-knock warrant--Powers of officer executing.

Section 23A-35-10 - (Rule 41(d)) Receipt and copy of warrant given to person from whom property taken--Inventory filed with return of warrant--Copies of inventory.

Section 23A-35-11 - (Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration of property--Treatment as motion to suppress evidence.

Section 23A-35-12 - (Rule 41(f)) Motion to suppress evidence in trial court.

Section 23A-35-13 - (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.

Section 23A-35-14 - (Rule 41(h)) Special provisions for search unimpaired--Property defined.