South Dakota Codified Laws
Chapter 35 - (Rule 41) Search And Seizure
Section 23A-35-4.2 - Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.

23A-35-4.2. Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.
A committing magistrate may, by means of electronic transmission, receive an affidavit in support of the issuance of a search warrant and may issue a search warrant by the same method. All applicable procedural and statutory requirements for the issuance of a warrant shall be met. For all procedural and statutory purposes, the electronic document shall have the same force and effect as the original. Any electronic document transmitted pursuant to this section shall be filed with the court within five business days.
The officer executing the 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 electronic copy of the warrant.

Source: SL 1991, ch 452 (Supreme Court Rule 91-18); SL 2014, ch 259 (Supreme Court Rule 13-17), eff. Nov. 8, 2013.

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.