reglab/housing_qa huggingface dataset:
SD Codified L § 23A-32-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 32 - Appeals To Supreme Court|Section 23A-32-18 - Remand to trial court for new trial motion.

23A-32-18. Remand to trial court for new trial motion.The Supreme Court, after an appeal has been perfected, may, under the conditions specified and in the same manner as provided by §15-30-1, remand the record to the trial court for the purpose of entertaining a motion for new trial. Source: SDC 1939 & Supp 1960, §34.4112; SDCL, §23-51-15; SL 1978, ch 178, §396.
SD Codified L § 23A-32-19 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 32 - Appeals To Supreme Court|Section 23A-32-19 - Disposition of case directed by Supreme Court.

23A-32-19. Disposition of case directed by Supreme Court.The Supreme Court by its judgment may reverse, affirm, or modify the judgment or order appealed from, and may direct a new trial, or when the appeal is from a judgment and the defendant assigns as error a ruling of the court denying a motion for a judgment of acquittal and the court determines that such motion should have been granted, the court may order that such judgment of acquittal be entered. Source: SDC 1939 & Supp 1960, §34.4109; SDCL, §23-51-20; SL 1978, ch 178, §397.
SD Codified L § 23A-32-20 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 32 - Appeals To Supreme Court|Section 23A-32-20 - Time for appeal by personal representative of deceased defendant's estate.

23A-32-20. Time for appeal by personal representative of deceased defendant's estate.The personal representative of a deceased defendant's estate, if substituted as a party pursuant to chapter 23A-27, may commence an appeal on behalf of the defendant subject to the time limits of §23A-32-15. Source: SL 2008, ch 116, §3.
SD Codified L § 23A-32-21 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 32 - Appeals To Supreme Court|Section 23A-32-21 - Continuation by personal representative of pending appeal--Substitution--Time limits.

23A-32-21. Continuation by personal representative of pending appeal--Substitution--Time limits.The personal representative of a deceased defendant, if substituted as a party, may continue a pending appeal on behalf of the deceased defendant to the extent that the claim is not extinguished by the death. The personal representative of the defendant's estate may make a motion for substitution, together with a notice of hearing, and shall serve the same on the prosecuting attorney and the attorney general within sixty days of the defendant's death. The court may dismiss any appeal of a deceased defendant in which a motion for substitution, together with notice of hearing and proof of service has not been filed with the clerk of the Supreme Court within sixty days of the defendant's death. Source: SL 2008, ch 116, §4.
SD Codified L § 23A-32-22 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 32 - Appeals To Supreme Court|Section 23A-32-22 - Discretionary appeals of illegal sentences.

23A-32-22. Discretionary appeals of illegal sentences.An appeal to the Supreme Court may be taken by the state or the defendant from an order granting or denying a motion to correct an illegal sentence or an order granting or denying a motion to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same manner as an intermediate appeal pursuant to subdivision 15-26A-3(6). Source: SL 2015, ch 141, §1.
SD Codified L § 23A-33-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 33 - Relief Pending Appeal|Section 23A-33-1 - Stay of execution by trial court on notice of intent to appeal.

23A-33-1. Stay of execution by trial court on notice of intent to appeal.After a judgment of conviction has been rendered but before execution of the sentence thereon, a trial court may in its discretion, if the defendant states that he desires to appeal, stay execution of the sentence for a period not to exceed thirty days. Source: SL 1907, ch 120, §3; SL 1915, ch 146, §3; SL 1917, ch 200, §1; RC 1919, §5036; SDC 1939 & Supp 1960, §34.4106; SDCL, §23-51-11; SL 1978, ch 178, §406.
SD Codified L § 23A-33-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 33 - Relief Pending Appeal|Section 23A-33-2 - (Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal.

23A-33-2.(Rule 38(a)(2)) Stay of imprisonment on appeal--Transfer of prisoner to facilitate preparation of appeal.A sentence of imprisonment shall be stayed if an appeal is taken and the defendant is admitted to bail. If the defendant is not admitted to bail, the trial court upon request of the defendant, may order that the defendant be retained at, or transferred to, a place of confinement near the place of trial or some other convenient place, for a period reasonably necessary to permit the defendant to assist in the preparation of his appeal to the Supreme Court. Source: SL 1978, ch 178, §407.
SD Codified L § 23A-33-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 33 - Relief Pending Appeal|Section 23A-33-3 - Stay of further proceedings on appeal from order before judgment.

23A-33-3. Stay of further proceedings on appeal from order before judgment.An appeal from an order made before final judgment shall stay further proceedings only by order of the trial court or by order of the Supreme Court. A trial court, however, shall have no power to stay further proceedings on an appeal provided for by §23A-32-5 or 23A-32-12. Source: SDC 1939 & Supp 1960, §34.4106; SDCL, §23-51-12; SL 1978, ch 178, §408.
SD Codified L § 23A-33-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 33 - Relief Pending Appeal|Section 23A-33-4 - (Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.

23A-33-4.(Rule 38(a)(3)) Stay of fine pending appeal--Security required of defendant.A sentence to pay a fine or a fine and costs, if an appeal is taken, may be stayed by a trial court or by the Supreme Court upon such terms as the court deems proper. A court may require a defendant pending appeal to deposit the whole or any part of his fine and costs with the clerk of the trial court, to give bond for the payment thereof, or to submit to an examination of assets, and it may make any appropriate order to restrain the defendant from dissipating his assets. Source: SL 1978, ch 178, §409.
SD Codified L § 23A-33-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 33 - Relief Pending Appeal|Section 23A-33-5 - (Rule 38(a)(4)) Stay of order for probation.

23A-33-5.(Rule 38(a)(4)) Stay of order for probation.An order placing a defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If an order is stayed the court shall fix the terms of the stay. Source: SL 1978, ch 178, §410.
SD Codified L § 23A-33-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 33 - Relief Pending Appeal|Section 23A-33-6 - Bail pending appeal.

23A-33-6. Bail pending appeal.Admission to bail shall be as provided in chapter 23A-43. Source: SL 1978, ch 178, §411.
SD Codified L § 23A-35-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-1 - Definition of search warrant.

23A-35-1. Definition of search warrant.A search warrant is a written order, issued in the name of the state, signed by a committing magistrate, directed to a law enforcement officer, commanding him to search for designated personal property and to bring it to the magistrate. Source: SDC 1939 & Supp 1960, §34.1101; SDCL, §23-15-1; SL 1978, ch 178, §438.
SD Codified L § 23A-35-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|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, §439.
SD Codified L § 23A-35-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-3 - (Rule 41(b)) Property for which warrant may be issued.

23A-35-3.(Rule 41(b)) Property for which warrant may be issued.A warrant may be issued under this chapter to search for and seize any:(1)Property that constitutes evidence of the commission of a criminal offense;(2)Contraband, the fruits of crime, or things otherwise criminally possessed; or(3)Property designed or intended for use in, or which is or has been used as the means of, committing a criminal offense. Source: SDC 1939 & Supp 1960, §34.1103 (1) to (3); SDCL, §§23-15-3 to 23-15-5; SL 1978, ch 178, §440.
SD Codified L § 23A-35-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|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.

23A-35-4.(Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant.A warrant shall be issued only on evidence set forth in an affidavit or affidavits presented to a committing magistrate, which establishes the grounds for issuing the warrant. If the committing magistrate is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, he shall issue a warrant identifying the property to be seized and naming or describing the person or place to be searched. The finding of probable cause may be based upon hearsay evidence in whole or in part. Before ruling on a request for a warrant the committing magistrate may require the affiant to appear personally and may examine under oath the affiant and any witnesses he may produce. Such proceeding shall be taken down by a court reporter, stenographer, or recording equipment and made part of the affidavit. The warrant shall be directed to a law enforcement officer. It shall command the officer to search, within a specified period of time not to exceed ten days, the person or place named for the property specified. The warrant shall be served in the daytime, unless the committing magistrate, by appropriate provision in the warrant, and for reasonable cause shown, authorizes its execution at night. It shall designate a committing magistrate to whom it shall be returned. Source: SDC 1939 & Supp 1960, §§34.1102, 34.1105, 34.1106, 34.1108; SDCL, §§23-15-2, 23-15-9, 23-15-12, 23-15-16; SL 1970, ch 229, §11 (c) (1); SDCL Supp, §39-17-124; SL 1972, ch 146, §1; SDCL, §34-20B-65; SL 1978, ch 178, §441.
SD Codified L § 23A-35-4.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-4.1 - Filing of affidavit--Sealing of affidavit.

23A-35-4.1. Filing of affidavit--Sealing of affidavit.If not filed earlier, any affidavit in support of a search warrant shall be filed with the court when the warrant and inventory are returned. Upon filing the warrant and supporting documents, the law enforcement officer may apply by separate affidavit to the court to seal the supporting affidavit from public inspection or disclosure. The court, for reasonable cause shown, may order the contents of the affidavit sealed from public inspection or disclosure but may not prohibit disclosure that a supporting affidavit was filed, the contents of the warrant, the return of the warrant, nor the inventory. The court may order that the supporting affidavit be sealed until the investigation is terminated or an indictment or information is filed. In cases of alleged rape, incest, or sexual contact, if the victim is a minor, the court may limit access to an affidavit pursuant to §23A-6-22.1. However, a court order sealing a supporting affidavit may not affect the right of any defendant to discover the contents of the affidavit under chapter 23A-13. Source: SL 1987, ch 180; SL 2011, ch 124, §2.
SD Codified L § 23A-35-4.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|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.
SD Codified L § 23A-35-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|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.
SD Codified L § 23A-35-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|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.

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.The grounds for issuance and the contents of a warrant issued pursuant to §23A-35-5 shall be the same as are required by §23A-35-4. Prior to approval of a warrant issued pursuant to §23A-35-5, the committing magistrate shall require the law enforcement officer or the prosecuting attorney who is requesting the warrant to read to him verbatim the contents of the warrant. The magistrate may direct that specific modifications be made in the warrant. Upon approval, the magistrate shall direct the law enforcement officer or the prosecuting attorney who is requesting the warrant to sign the magistrate's name on the warrant. This warrant shall be called a duplicate original warrant and is a warrant for purposes of this chapter. In such cases, the magistrate shall have an original warrant made. The magistrate shall enter the exact time of issuance of the duplicate original warrant on the face of the original warrant. Source: SL 1978, ch 178, §443.
SD Codified L § 23A-35-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-7 - (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.

23A-35-7.(Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.The return of a duplicate original warrant and its original warrant shall be in conformity with §§23A-35-8 to 23A-35-10, inclusive. Upon the return, the magistrate shall require the person who gave the sworn oral testimony establishing the grounds for issuance of the warrant, to sign a copy of it. Source: SL 1978, ch 178, §444.
SD Codified L § 23A-35-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-8 - Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.

23A-35-8. Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.The officer executing a search warrant may break open any building, structure, or container or anything therein to execute the warrant if, after giving notice of his authority and purpose, he is refused admittance. An officer executing a search warrant may break open any building, structure, or container or anything therein for the purpose of liberating a person who, having entered to aid him in the execution of a warrant, is detained therein, or when necessary for his own liberation. Source: SDC 1939 & Supp 1960, §34.1107; SDCL, §§23-15-14, 23-15-15; SL 1978, ch 178, §445.
SD Codified L § 23A-35-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-9 - Grounds for no-knock warrant--Powers of officer executing.

23A-35-9. Grounds for no-knock warrant--Powers of officer executing.If a committing magistrate who has been asked to issue a search warrant is satisfied that there is probable cause to believe that if notice were given prior to its execution, the property sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, he may include in the warrant a direction that the officer executing it is not required to give the notice required by §23A-35-8. In such case, the officer who executes the warrant may, without notice of his authority and purpose, enter any structure, portion of a structure or vehicle, or anything therein, by whatever means, including breaking therein. Source: SL 1970, ch 229, §11 (c) (2); SDCL Supp, §39-17-125; SDCL, §34-20B-66; SL 1978, ch 178, §446.
SD Codified L § 23A-35-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|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.

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.An officer taking property under a warrant shall give to the person from whom or from whose premises the property was taken, a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken. The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and shall be signed under oath by the officer. The committing magistrate shall upon request deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. Source: SDC 1939 & Supp 1960, §34.1109; SDCL, §23-15-18; SL 1978, ch 178, §447.
SD Codified L § 23A-35-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|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.

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.A person aggrieved by an unlawful search and seizure may move the circuit court for the county in which the property was seized for the return of the property on the ground that he is entitled to lawful possession of the property which was illegally seized. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored and it shall not be admissible in evidence at any hearing or trial. If a motion for return of property is made or comes on for hearing in the county of the trial after an indictment or information is filed, it shall be treated also as a motion to suppress under chapter 23A-8. Source: SL 1978, ch 178, §448.
SD Codified L § 23A-35-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-12 - (Rule 41(f)) Motion to suppress evidence in trial court.

23A-35-12.(Rule 41(f)) Motion to suppress evidence in trial court.A motion to suppress evidence may be made in the court of the county of trial as provided in chapter 23A-8. Source: SL 1978, ch 178, §449.
SD Codified L § 23A-35-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-13 - (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.

23A-35-13.(Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.A committing magistrate to whom a warrant is returned shall attach to the warrant a copy of the return, inventory, and all other papers in connection therewith and shall file them with the clerk of the circuit court for the county in which the property was seized. Source: SDC 1939 & Supp 1960, §34.1111; SDCL, §23-15-20; SL 1978, ch 178, §450.
SD Codified L § 23A-35-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 35 - (Rule 41) Search And Seizure|Section 23A-35-14 - (Rule 41(h)) Special provisions for search unimpaired--Property defined.

23A-35-14.(Rule 41(h)) Special provisions for search unimpaired--Property defined.This chapter does not modify any inconsistent provision of this code regulating search, seizure, and the issuance and execution of search warrants in circumstances for which special provision is made. The term "property" as used in this chapter includes documents, books, papers, and any other tangible objects. Source: SL 1978, ch 178, §451.