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
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-35-4.1 - Filing of affidavit--Sealing of affidavit.
Section 23A-35-4.3 - Search warrant for installation, use, and maintenance of tracking device.
Section 23A-35-9 - Grounds for no-knock warrant--Powers of officer executing.
Section 23A-35-12 - (Rule 41(f)) Motion to suppress evidence in trial court.
Section 23A-35-14 - (Rule 41(h)) Special provisions for search unimpaired--Property defined.