South Dakota Codified Laws
Chapter 35 - (Rule 41) Search And Seizure
Section 23A-35-5 - (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.

23A-35-5.(Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.
When circumstances make it reasonable to do so in the absence of a written affidavit, a search warrant may be issued upon sworn oral testimony of a person who is not in the physical presence of a committing magistrate if the committing magistrate is satisfied that probable cause exists for the issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by telephone or other appropriate means and shall be recorded and transcribed. After transcription the statement must be certified by the magistrate and filed with the court. This statement shall be deemed to be an affidavit for purposes of §23A-35-4.

Source: SL 1978, ch 178, §442.

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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.