reglab/housing_qa huggingface dataset:
SD Codified L § 23A-2-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-2 - (Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons.

23A-2-2.(Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons.If it appears from a complaint, or from an affidavit or affidavits filed with a complaint, that there is probable cause to believe that an offense has been committed and that a particular person has committed it, a warrant for the arrest of that person, if requested by the prosecuting attorney, shall be issued to any officer authorized by law to execute it. If circumstances make it reasonable to do so in the absence of a written affidavit, an arrest 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 shall be certified by the magistrate and filed with the court. This statement shall be deemed to be an affidavit and complaint for purposes of this section. In cases of alleged rape, incest, or sexual contact, if the victim is a minor, the court may limit access to the affidavit pursuant to §23A-6-22.1. Upon the request of the prosecuting attorney, a summons instead of a warrant shall be used. More than one warrant or summons may be issued on the same complaint. If a defendant fails to appear in response to a summons, a warrant shall be issued. Source: CCrimP 1877, §95; CL 1887, §7120; RCCrimP 1903, §92; RC 1919, §4528; SDC 1939 & Supp 1960, §34.1615; SDCL §23-21-5; SL 1978, ch 178, §4; SL 1992, ch 171; SL 2011, ch 124, §3.
SD Codified L § 23A-2-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-3 - (Rule 4(b)) Evidence furnishing probable cause for warrant or summons.

23A-2-3.(Rule 4(b)) Evidence furnishing probable cause for warrant or summons.The finding of probable cause for the issuance of a summons or warrant of arrest may be based upon hearsay evidence in whole or in part. The committing magistrate may require nonhearsay evidence to be submitted prior to the issuance of a summons or warrant of arrest. Source: SL 1978, ch 178, §5.
SD Codified L § 23A-2-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-4 - (Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.

23A-2-4.(Rule 4(c)(1)) Contents and signature of arrest warrant--Endorsement as to bail.Each arrest warrant shall be dated and contain its place of issuance. It shall be signed by a committing magistrate. It shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the defendant be brought before the nearest available committing magistrate. The committing magistrate who signs the warrant shall also endorse the amount of bail on it. Source: CCrimP 1877, §97; CL 1887, §7122; RCCrimP 1903, §94; RC 1919, §4530; SDC 1939 & Supp 1960, §34.1616; SDCL, §23-21-2; SL 1978, ch 178, §6.
SD Codified L § 23A-2-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-5 - Copies of warrant sent to law enforcement officers.

23A-2-5. Copies of warrant sent to law enforcement officers.A copy or an abstract of a warrant containing the information required by §23A-2-4 may be sent by any means to one or more law enforcement officers. Such copy shall confer the same authority to any law enforcement officer within his jurisdiction as the original warrant. Source: SDC 1939, §34.1621 as added by SL 1966, ch 119; SDCL, §23-22-31; SL 1978, ch 178, §9.
SD Codified L § 23A-2-5.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-5.1 - Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature.

23A-2-5.1. Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature.A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance of an arrest warrant shall be met. For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original. The original documents shall be filed with the court within five working business days.The officer executing the arrest 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 facsimile of the arrest warrant. Source: SL 1991, ch 451 (Supreme Court Rule 91-17).
SD Codified L § 23A-2-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-6 - (Rule 4(c)(2)) Contents and signature of summons.

23A-2-6.(Rule 4(c)(2)) Contents and signature of summons.A summons shall be in the same form as a warrant of arrest except that it shall summon the defendant to appear before a committing magistrate at a stated time and place. In addition, a summons shall state that if the defendant does not appear, a warrant will be issued for his arrest. A summons must be signed by a committing magistrate. Source: SL 1978, ch 178, §8.
SD Codified L § 23A-2-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-7 - (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.

23A-2-7.(Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer.A warrant or summons shall be executed by any law enforcement officer who is authorized by law to execute the same. This section shall not be construed to extend the territorial jurisdiction of any law enforcement officer. Source: SL 1978, ch 178, §10.
SD Codified L § 23A-2-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-8 - (Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw.

23A-2-8.(Rule 4(d)(2)) Place of service of warrant or summons--Restriction when for violation of local ordinance or bylaw.Except as provided in this section and §23A-3-7, a warrant may be executed or a summons may be served at any place within the state.A warrant or summons issued for the violation of a municipal ordinance may be executed or served at any place within a county in which such municipality is located, except that a warrant or summons issued for a parking violation may be executed or served only within the territorial jurisdiction of such unit of local government. Source: SL 1978, ch 178, §11; SL 1979, ch 159, §1A.
SD Codified L § 23A-2-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-10 - Time of execution of warrant.

23A-2-10. Time of execution of warrant.A warrant issued for a felony may be executed on any day, at any time of the day or night. A warrant issued for a misdemeanor shall not be executed at night unless an authorization for a night arrest is endorsed upon the warrant by the committing magistrate. Source: CCrimP 1877, §116; CL 1887, §7141; RCCrimP 1903, §113; RC 1919, §4546; SDC 1939 & Supp 1960, §34.1604; SDCL, §23-22-13; SL 1978, ch 178, §12.
SD Codified L § 23A-2-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 02 - Complaint, Warrant And Summons|Section 23A-2-11 - Service of summons on corporate defendant.

23A-2-11. Service of summons on corporate defendant.No warrant of arrest may be issued against a corporation. A summons directed to a corporation shall be served at least five days before the day of appearance fixed therein by delivering it to the president or other head of the corporation, or to its secretary, treasurer, managing agent, or authorized agent for service of process. Source: SDC 1939 & Supp 1960, §34.3801; SDCL, §23-27-27; SL 1978, ch 178, §12.
SD Codified L § 23A-3-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-1 - Definition of arrest.

23A-3-1. Definition of arrest.An arrest is the taking of a person into custody so that he may be held to answer for the alleged commission of a public offense. Source: SDC 1939 & Supp 1960, §34.1601; SDCL, §23-22-1; SL 1978, ch 178, §14.
SD Codified L § 23A-3-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-2 - Law enforcement officer's power to arrest without warrant.

23A-3-2. Law enforcement officer's power to arrest without warrant.A law enforcement officer may, without a warrant, arrest a person:(1)For a public offense, other than a petty offense, committed or attempted in his presence; or(2)Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer's presence. Source: SDC 1939 & Supp 1960, §34.1609; SDCL, §23-22-7; SL 1978, ch 178, §15; SL 1979, ch 159, §1.
SD Codified L § 23A-3-2.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-2.1 - Circumstances permitting warrantless arrests.

23A-3-2.1. Circumstances permitting warrantless arrests.Unless the provisions of §22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that:(1)An order has been issued under chapter 25-10 protecting the victim and the terms of the order prohibiting acts or threats of abuse or excluding the person from a residence have been violated; or(2)An order has been issued under chapter 22-19A protecting the victim and the terms of the order prohibiting acts of stalking or physical injury have been violated; or(3)The person is eighteen years or older and within the preceding forty-eight hours has assaulted a person in a relationship as defined in §25-10-3.1;and the officer believes that an aggravated assault has occurred; an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or an attempt by physical menace has been made to put another in fear of imminent serious bodily harm. Source: SL 1989, ch 207, §1; SL 1996, ch 153; SL 1998, ch 146, §1; SL 2001, ch 119, §1; SL 2006, ch 134, §1; SL 2015, ch 139, §1.
SD Codified L § 23A-3-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-3 - Citizen's arrest.

23A-3-3. Citizen's arrest.Any person may arrest another:(1)For a public offense, other than a petty offense, committed or attempted in his presence; or(2)For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it. Source: SDC 1939 & Supp 1960, §34.1608; SDCL, §23-22-14; SL 1978, ch 178, §16.
SD Codified L § 23A-3-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-4 - Advice as to authority and cause of arrest without warrant.

23A-3-4. Advice as to authority and cause of arrest without warrant.When arresting a person without a warrant, the person making the arrest must inform the person to be arrested of his authority and the cause of the arrest, and require him to submit, except when the person to be arrested is engaged in the actual commission of an offense or when he is arrested on pursuit immediately after its commission. Source: SDC 1939 & Supp 1960, §§34.1608, 34.1609; SDCL, §§23-22-9, 23-22-15; SL 1978, ch 178, §17.
SD Codified L § 23A-3-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-5 - Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.

23A-3-5. Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary to effect the arrest. Any person making an arrest may take from the arrested person all dangerous weapons and property as defined in §23A-35-3 which the arrested person may have about his person.Any law enforcement officer having authority to make an arrest may break open an outer or inner door or window of a dwelling house or other structure for the purpose of making the arrest if, after giving reasonable notice of his intention, he is refused admittance, and if:(1)The law enforcement officer has obtained an arrest warrant; or(2)Exigent circumstances justify a warrantless arrest. Source: SDC 1939 & Supp 1960, §§34.1603, 34.1605, 34.1606; SDCL, §§23-22-4, 23-22-17, 23-22-18; SL 1978, ch 178, §18; SL 1985, ch 193.
SD Codified L § 23A-3-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-6 - Aid to law enforcement officer on request.

23A-3-6. Aid to law enforcement officer on request.Every person must aid a law enforcement officer in making an arrest if the officer requests his aid. Source: SDC 1939 & Supp 1960, §34.1601; SDCL, §23-22-3; SL 1978, ch 178, §19.
SD Codified L § 23A-3-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-7 - Restriction on place of arrest for violation of local ordinance or bylaw.

23A-3-7. Restriction on place of arrest for violation of local ordinance or bylaw.No arrest for the violation of an ordinance or bylaw of any unit of local government may be made beyond the territorial jurisdiction of that unit of local government, except as otherwise provided in §23A-2-8. Source: SL 1978, ch 178, §20; SL 1979, ch 159, §1B.
SD Codified L § 23A-3-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-8 - Receipts given for property taken from person arrested.

23A-3-8. Receipts given for property taken from person arrested.When money or property, other than that seized pursuant to chapters 23A-35 to 23A-37, inclusive, is taken from a defendant arrested upon a charge of having committed a public offense, the law enforcement officer taking it must, at the time, make duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. One of the receipts shall be given to the defendant. Source: SDC 1939 & Supp 1960, §34.0601; SDCL, §23-16-1; SL 1978, ch 178, §21.
SD Codified L § 23A-3-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-9 - Fresh pursuit misdemeanor arrest by officer of another state.

23A-3-9. Fresh pursuit misdemeanor arrest by officer of another state.Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a misdemeanor in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a misdemeanor in this state. The term "fresh pursuit" as used in this section shall include the pursuit of a person who has committed a misdemeanor in the presence of a law enforcement officer, and such officer is in instant pursuit. Source: SL 1978, ch 178, §§23, 28.
SD Codified L § 23A-3-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-10 - Fresh pursuit felony arrest by officer of another state.

23A-3-10. Fresh pursuit felony arrest by officer of another state.Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal law enforcing unit of this state, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state. Source: SL 1939, ch 139, §§1, 3; SDC Supp 1960, §§34.16B01, 34.16B03; SDCL, §23-23-4; SL 1978, ch 178, §22.
SD Codified L § 23A-3-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-11 - Other powers of arrest unimpaired by fresh pursuit authority.

23A-3-11. Other powers of arrest unimpaired by fresh pursuit authority.Neither §23A-3-9 nor 23A-3-10 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Source: SL 1939, ch 139, §§1, 3; SDC Supp 1960, §§34.16B01, 34.16B03; SDCL, §23-23-4; SL 1978, ch 178, §25.
SD Codified L § 23A-3-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-12 - Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.

23A-3-12. Taking before magistrate of person arrested by officer of another state--Commitment to await extradition--Discharge if arrest unlawful.If an arrest is made in this state by an officer of another state in accordance with the provisions of §23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit the person to bail for such purpose. If the magistrate determines that the arrest was unlawful the magistrate shall discharge the person arrested. Source: SL 1939, ch 139, §2; SDC Supp 1960, §34.16B02; SDCL, §§23-23-5, 23-23-6; SL 1978, ch 178, §24.
SD Codified L § 23A-3-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-13 - District of Columbia treated as state.

23A-3-13. District of Columbia treated as state.For the purposes of §§23A-3-9 to 23A-3-15, inclusive, the word "state" shall include the District of Columbia. Source: SL 1939, ch 139, §4; SDC Supp 1960, §34.16B04; SDCL, §23-23-3; SL 1978, ch 178, §26.
SD Codified L § 23A-3-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-14 - Definition of fresh pursuit for interstate felony arrest.

23A-3-14. Definition of fresh pursuit for interstate felony arrest.The term "fresh pursuit" as used in §§23A-3-10 to 23A-3-14, inclusive, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used in this title shall not necessarily imply instant pursuit, but pursuit without unreasonable delay. Source: SL 1939, ch 139, §5; SDC Supp 1960, §34.16B05; SDCL, §23-23-2; SL 1978, ch 178, §27.
SD Codified L § 23A-3-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-15 - Citation of provisions on interstate pursuit.

23A-3-15. Citation of provisions on interstate pursuit.Sections 23A-3-10 to 23A-3-14, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit. Source: SL 1978, ch 178, §29.
SD Codified L § 23A-3-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-16 - Arrest for misdemeanor on intrastate fresh pursuit.

23A-3-16. Arrest for misdemeanor on intrastate fresh pursuit.Any law enforcement officer of this state in fresh pursuit of a person who has committed a misdemeanor in the presence of the law enforcement officer shall have authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful an arrest which would otherwise be lawful. The term "fresh pursuit" as used in this section shall include fresh pursuit of a person who has committed a misdemeanor in the presence of a law enforcement officer, and the law enforcement officer is in instant pursuit. Source: SL 1978, ch 178, §§31, 34.
SD Codified L § 23A-3-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-17 - Arrest for felony on intrastate fresh pursuit.

23A-3-17. Arrest for felony on intrastate fresh pursuit.Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful an arrest which would otherwise be lawful. Source: SL 1941, ch 153, §§1, 4; SDC Supp 1960, §§34.16A02, 34.16A05; SDCL, §23-22-39; SL 1978, ch 178, §30.
SD Codified L § 23A-3-18 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 03 - (Rule 4.1) Arrest|Section 23A-3-18 - Disposition of prisoner taken on intrastate fresh pursuit.

23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit.If an arrest under §23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate of the county where the arrest was made, and the court shall admit the prisoner to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of the prisoner before the court having jurisdiction of the criminal offense. Source: SL 1941, ch 153, §2; SDC Supp 1960, §34.16A03; SDCL, §23-22-40; SL 1978, ch 178, §32.