23A-36-6. Notice alleging nonobscenity of material seized--Time of hearing.
In the event that a search warrant is issued and matter alleged to be obscene is seized, any person alleged to be in possession of the matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in writing with the magistrate within ten days of the date of the seizure alleging that the matter is not obscene and the magistrate shall set a hearing within one day after request therefor, or at such time as the requesting party might agree.
Source: SL 1974, ch 165, §13; SDCL Supp, §22-24-46; SL 1978, ch 178, §457.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 36 - Seizure And Disposition Of Obscene Material
Section 23A-36-2 - Hearing on search warrant for obscene material--Evidence received.
Section 23A-36-3 - Magistrate's orders to prevent removal of material pending hearing.
Section 23A-36-5 - Issuance of search warrant on finding of probable cause.
Section 23A-36-6 - Notice alleging nonobscenity of material seized--Time of hearing.
Section 23A-36-7 - Hearing on obscenity of material seized--Return to owner if not obscene.
Section 23A-36-9 - Verdict on obscenity of material seized.
Section 23A-36-10 - Order for destruction of obscene material seized.