reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-1 - Transcript prepared when necessary to protect defendant's rights.

23A-32-1. Transcript prepared when necessary to protect defendant's rights.
In any criminal action or proceeding in which the court deems it essential to the protection of the substantial rights of the defendant, it shall order such transcript and copies of the shorthand reporter's notes of the evidence and proceedings upon the trial as may be necessary properly to present a motion in arrest of judgment, an application for a new trial or to perfect an appeal to the Supreme Court to be furnished to defendant's counsel at the county's expense.
Source:
SDC 1939 & Supp 1960, §34.3903; SDCL, §23-46-3; SL 1978, ch 178, §401.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-2 - Defendant's right to appeal.

23A-32-2. Defendant's right to appeal.
An appeal to the Supreme Court may be taken by the defendant from final judgment of conviction.
Source:
SDC 1939 & Supp 1960, §34.4101; SDCL, §23-51-1; SL 1978, ch 178, §398.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-3 - Reproduction of brief for indigent defendant--Form and contents.

23A-32-3. Reproduction of brief for indigent defendant--Form and contents.
In any case provided for in §23A-40-6, brought before the Supreme Court upon appeal, the brief shall be reproduced as specified in subdivision 15-26A-68(2). In such case, the defendant must file with the clerk of the Supreme Court, the original and fourteen copies of the brief, which brief in all other respects, except that the original may be typewritten, shall conform to the provisions of chapter 15-26A as to the form and contents of the briefs.
Source:
Supreme Court Rule 415, 1939; SDC 1939 & Supp 1960, §§34.1902, 34.4110; SDCL, §§23-51-8, 23-51-9; Supreme Court Rule No. 1, 1972; SL 1978, ch 178, §§399, 400; SL 1988, ch 434 (Supreme Court Rule 87-15); SL 1989, ch 30, §54.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-4 - Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.

23A-32-4. Appeal by prosecution from judgment setting aside verdict, dismissal, arrest of judgment, new trial, or deviation from mandatory sentence.
An appeal by a prosecuting attorney in a criminal case may be taken to the Supreme Court, as a matter of right, from a judgment or order of a circuit court that:
(1)Sets aside a verdict and entering judgment of acquittal;
(2)Sustains a motion to dismiss an indictment or information, as to any one or more counts, or any part thereof, on statutory grounds or otherwise;
(3)Grants a motion for arrest of judgment or a motion for a new trial; or
(4)Finds mitigating circumstances to exist in deviating from the mandatory sentencing provisions of §22-42-2. However, any appeal does not bar or preclude another prosecution of the defendant for the same offense, unless the dismissal is affirmed by the Supreme Court.
Source:
SDC 1939 & Supp 1960, §34.4101; SDCL §23-51-2; SL 1978, ch 178, §402; SL 1979, ch 159, §23; SL 1989, ch 201, §3; SL 2013, ch 112, §1; SL 2021, ch 111, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-5 - Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.

23A-32-5. Appeal by prosecution--Suppression order--Dismissal of complaint--Procedure--Double jeopardy.
An appeal by a prosecuting attorney may be taken to the Supreme Court from:
(1)An order of a circuit court or a magistrate suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding;
(2)An order of a circuit court or a magistrate sustaining a motion to dismiss a complaint on statutory grounds or otherwise.
An appeal under this section may not be taken after a defendant has been put in risk of double jeopardy and is not a matter of right but of sound judicial discretion. Appeals from such orders shall be taken in the same manner as intermediate appeals in subdivision §15-26A-3(6). No appeal taken under this section shall delay any trial unless a stay be granted in the discretion of the Supreme Court.
Source:
SL 1978, ch 178, §403; SL 1979, ch 159, §24; SL 2021, ch 111, § 2.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-6 - Time for appeal by prosecution.

23A-32-6. Time for appeal by prosecution.
An appeal under §23A-32-4 or 23A-32-5 must be taken within ten days after written notice of entry of the judgment or order.
Source:
SL 1978, ch 178, §404; SL 1979, ch 159, §25.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-7 - Release on bail pending appeal by prosecution.

23A-32-7. Release on bail pending appeal by prosecution.
Pending the prosecution and determination of an appeal authorized by §23A-32-4 or 23A-32-5, a defendant may be released in accordance with chapter 23A-43.
Source:
SL 1978, ch 178, §405.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-9 - Scope of review by Supreme Court.

23A-32-9. Scope of review by Supreme Court.
On an appeal from a judgment the Supreme Court may review any order, ruling, or determination of the trial court, involving the merits and necessarily affecting the judgment and appearing upon the record including an order denying a new trial, and whether any such order, ruling, or determination is made before or after judgment. When the appeal is from an order subject to appeal, the Supreme Court may review all matters appearing on the record relevant to the question of whether the order appealed from is erroneous.
Source:
SDC 1939 & Supp 1960, §34.4109; SDCL, §§23-51-16, 23-51-19; SL 1978, ch 178, §387.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-10 - New trial motion not required to preserve grounds for appeal.

23A-32-10. New trial motion not required to preserve grounds for appeal.
Such of the matters specified in §23A-29-1 as may have been timely presented to the trial court by motion for judgment of acquittal, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for a new trial.
Source:
SDC 1939 & Supp 1960, §§34.4007, 34.4109; SDCL, §§23-51-3, 23-51-18; SL 1978, ch 178, §388.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-11 - Scope of review when denial of new trial assigned as error.

23A-32-11. Scope of review when denial of new trial assigned as error.
When an order denying a new trial is assigned as error, the Supreme Court may on such assignment, review all matters properly and timely presented to the trial court by the application for new trial.
Source:
SDC 1939 & Supp 1960, §34.4109; SDCL, §23-51-17; SL 1978, ch 178, §389.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-12 - Discretionary appeal from intermediate order before trial--Procedure.

23A-32-12. Discretionary appeal from intermediate order before trial--Procedure.
As to any intermediate order made before trial, as to which an appeal is not allowed as a matter of right, either the state or the defendant may be permitted to appeal to the Supreme Court, not as a matter of right, but of sound judicial discretion, such appeal to be allowed by the Supreme Court only when the court considers that the ends of justice will be served by the determination of the questions involved without awaiting the final determination of the action. The procedure as to the taking of such appeal, petition for allowance thereof, and allowance thereof, shall be as set forth in §§15-26A-13 to 15-26A-17, inclusive, so far as the same are applicable.
Source:
SDC 1939 & Supp 1960, §34.4103; SDCL, §23-51-5; SL 1978, ch 178, §390; SL 1980, ch 26, §22.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-13 - Constitutional issue first raised on appeal.

23A-32-13. Constitutional issue first raised on appeal.
The issue of the constitutionality of any statute under which the defendant has been convicted may be raised on appeal regardless of whether it was first raised in any lower court.
Source:
SL 1971, ch 160; SDCL Supp, §23-51-7.1; SL 1978, ch 178, §391.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-14 - Provisions as to civil appeals applicable unless otherwise provided.

23A-32-14. Provisions as to civil appeals applicable unless otherwise provided.
Except as otherwise expressly provided in this chapter, all provisions of Title 15 with reference to settlement of the record, certification, and transmission thereof to the clerk of the Supreme Court, laying the foundation for appellate review of alleged errors, preparing, serving, and filing of briefs, and presentation and argument of the appeal, shall apply to appeals under this title except to the extent that such provisions by their context are clearly inapplicable.
Source:
SDC 1939 & Supp 1960, §34.4105; SDCL, §23-51-7; SL 1978, ch 178, §392.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-15 - Time of taking appeal.

23A-32-15. Time of taking appeal.
Except as provided in §23A-32-4, 23A-32-5, or 23A-32-6, any appeal other than from a judgment must be taken within thirty days after written notice of the filing of the order shall have been given to the party appealing. An appeal from the judgment must be taken within thirty days after the judgment is signed, attested, and filed.
The running of the time for filing a notice of appeal is terminated by a timely motion filed in the circuit court pursuant to §23A-29-1, and the full time for appeal fixed by this section commences to run and is to be computed from the attestation and filing of an order made pursuant to such motion or if the circuit court fails to take action on such motion or fails to enter an order extending the time for taking action on such motion within the time prescribed, then the date shall be computed from the date on which the time for action by the circuit court expires.
Source:
SDC 1939, §34.4104; SL 1943, ch 130; SL 1945, ch 148; SL 1961, ch 187; SDCL, §23-51-6; SL 1976, ch 149, §1; SL 1978, ch 178, §393; SL 1987, ch 412 (Supreme Court Rule 86-38).
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-16 - Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant.

23A-32-16. Notice of appeal--Service on adverse parties--Perfection of appeal--Fee not required of indigent defendant.
Appeal to the Supreme Court shall be taken by a written notice of appeal, signed by the appellant or his attorney, specifying the order or judgment, or both, appealed from and whether the appeal is taken from the whole or a part thereof, and if from a part only, specifying the part appealed from. Notice of such appeal, when by the defendant shall be served upon the attorney general and upon the prosecuting attorney of the county where the judgment was entered and, when by the state, upon the defendant or his attorney. The appeal shall be deemed perfected by filing the notice with the clerk together with proof of service thereof, and by depositing the appeal fee for the clerk of the Supreme Court, as in civil cases, except that when the appeal is by the state, no such fee shall be required. Whenever an appeal is taken by an indigent, assigned counsel pursuant to §23A-40-6, no filing fee need be paid and no undertaking need be furnished to perfect such appeal.
Source:
SDC 1939 & Supp 1960, §34.4102; SDCL, §23-51-4; SL 1978, ch 178, §394; SL 1980, ch 26, §23.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 32 - Appeals To Supreme Court › Section 23A-32-17 - Service of notice of appeal and papers on attorney general--Control of case by attorney general.

23A-32-17. Service of notice of appeal and papers on attorney general--Control of case by attorney general.
When an appeal is taken, the notice of appeal and all briefs, papers, and notices, either in the Supreme Court or trial court, shall be served on the attorney general as well as the prosecuting attorney, but after the appeal is perfected the attorney general shall otherwise control the case in behalf of the state, and thereafter no stipulation shall be valid unless made in writing with the attorney general and filed with the clerk of the Supreme Court within ten days after the date thereof.
Source:
SDC 1939 & Supp 1960, §34.4111; SDCL, §23-51-10; SL 1978, ch 178, §395; SL 1980, ch 26, §24.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-2 - Authorization or approval for interception of communications.

23A-35A-2. Authorization or approval for interception of communications.
Any order authorizing or approving the interception of wire, electronic, or oral communications may be granted, subject to the provisions of this chapter, if the interception may provide or has provided evidence of the commission of, or of any conspiracy to commit, the following offenses as otherwise defined by the laws of this state: crimes of violence listed in subdivision 22-1-2(9); sex crimes listed in §22-24B-1; escape as defined in chapter 22-11A; fugitives from justice with an active felony warrant; gambling; bribery; theft; unlawful use of a computer; and unauthorized manufacturing, distribution or counterfeiting of controlled substances or marijuana.
Source:
SL 1969, ch 158, § 6; SDCL Supp, § 23-13A-3; SL 1980, ch 181, § 2; SL 1981, ch 177, § 3; SL 1984, ch 183; SL 2017, ch 108, § 2; SL 2020, ch 101, § 1.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-3 - Authority of attorney general or state's attorney to apply for order for interception of communications.

23A-35A-3. Authority of attorney general or state's attorney to apply for order for interception of communications.
The attorney general or any state's attorney may apply to any circuit judge for an order to authorize or approve the interception of wire, electronic, or oral communications by an investigative or law enforcement officer having the responsibility of investigating the offense for which the application is made and any offense pursuant to §23A-35A-2. The attorney general or the state's attorney applying may designate a deputy or assistant to make any subsequent applications or presentations necessary to implement the order or comply with any of the provisions of this chapter.
Source:
SL 1969, ch 158, §4; SDCL Supp, §23-13A-4; SL 1980, ch 181, §3; SL 1983, ch 187, §2; SL 2017, ch 108, §3.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-4 - Application to intercept communications--Form and contents.

23A-35A-4. Application to intercept communications--Form and contents.
The attorney general or state's attorney shall make an application pursuant to §23A-35A-3 in writing and upon the oath or affirmation of the applicant. The application shall include:
(1)The name and title of the applicant;
(2)A full and complete statement of the facts and circumstances relied upon by the applicant, including the supporting oath or affirmation of the investigating officer of any police department of the state or any political subdivision thereof, or the investigating sheriff or deputy of any county, to justify the belief that an order should be issued, including:
(a)Details as to the particular crime that has been, is being, or is about to be committed;
(b)The identity of the person, if known, believed to be committing the offense and whose communications are to be intercepted;
(c)A particular description of the type of communications sought to be intercepted;
(d)A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; and
(e)In the case of a telegraphic, electronic, or telephonic communication, identifying the particular telephone number or telegraph line involved;
(3)A full and complete statement as to if other investigative procedures have been tried and failed, why other investigative procedures reasonably appear to be unlikely to succeed if tried, or to be too dangerous;
(4)A statement of the period of time the interception is required to be maintained. If the nature of the investigation is such that authorization to intercept should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the first communication obtained;
(5)A full and complete statement of the facts concerning all previous applications known to the person authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, electronic, or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each such application; and
(6)If the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
Source:
SL 1980, ch 181, §10; SL 2017, ch 108, §4.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-5 - Circuit judge to authorize interception.

23A-35A-5. Circuit judge to authorize interception.
Only a judge of a circuit court of the State of South Dakota may grant orders authorizing the interception of wire, electronic, or oral communications.
Source:
SL 1969, ch 158, §3; SDCL Supp, §23-13A-5; SL 1980, ch 181, §4; SL 2017, ch 108, §5.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-6 - Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry.

23A-35A-6. Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry.
Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if the judge determines based on the facts submitted by the applicant that:
(1)There is probable cause to believe that a person is committing, has committed, or is about to commit a particular crime pursuant to §23A-35A-2;
(2)There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;
(3)Normal investigative procedures have been tried and have failed, reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and
(4)There is probable cause to believe that the facilities from which or the place where the wire, electronic, or oral communications are to be used, in connection with the commission of the offense, or are leased to, listed in the name of or commonly used by the person.
Source:
SL 1980, ch 181, §11; SL 2017, ch 108, §6.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-7 - Contents of order.

23A-35A-7. Contents of order.
Each order authorizing the interception of any wire, electronic, or oral communication shall specify:
(1)The identity of the person, if known, whose communications are to be intercepted;
(2)The nature and location of the communications facilities as to which, or the place where authority to intercept is granted;
(3)A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;
(4)The identity of the agency authorized to intercept the communications, and of the person authorizing the application;
(5)The period of time the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and
(6)That the authorization for wiretapping or eavesdropping be executed as soon as practicable; that the wiretapping or eavesdropping be conducted in such a way as to minimize interception of communications not otherwise subject to interception under this section; and that the wiretapping or eavesdropping shall terminate upon attainment of the authorized objective, or on the date specified, whichever comes first.
Source:
SL 1980, ch 181, §12; SL 2017, ch 108, §7.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-8 - Cooperation and technical assistance required of carriers, landlords, and others--Compensation.

23A-35A-8. Cooperation and technical assistance required of carriers, landlords, and others--Compensation.
Any order authorizing wiretapping or eavesdropping shall, upon the request of the applicant, direct that the common carrier, landlords, custodians, or other persons furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such carrier is according the person whose communications are to be intercepted.
Any common carrier, or other person furnishing such facilities or technical assistance shall be compensated therefor by the applicant at the prevailing rates.
Source:
SL 1980, ch 181, §18.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-9 - Progress reports to issuing judge.

23A-35A-9. Progress reports to issuing judge.
The order may require written reports to be made to the issuing judge at specified intervals showing the progress made toward achieving the authorized objective and the need for continued interception.
Source:
SL 1980, ch 181, §19.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-10 - Duration of order--Extensions.

23A-35A-10. Duration of order--Extensions.
No order entered under this section may authorize the interception of any wire, electronic, or oral communication for any period longer than is necessary to achieve the objective of the authorization, in any event no longer than thirty days. Any extension of any order may be granted, but only upon application for an extension made in accordance with §23A-35A-4 and the judge makes the required findings pursuant to §23A-35A-6. The period of extension may not be longer than the authorizing judge deems necessary to achieve the purposes for which the extension was granted and in no event for longer than thirty days.
Source:
SL 1980, ch 181, §13; SL 2017, ch 108, §8.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-11 - Authority for eavesdropping--Retention of orders and papers by applicant--Copy of order retained by judge.

23A-35A-11. Authority for eavesdropping--Retention of orders and papers by applicant--Copy of order retained by judge.
Any ex parte order for wiretapping and eavesdropping, together with the papers upon which the application was based, shall be delivered to and retained by the applicant during the duration of the wiretap as authority for the eavesdropping authorized therein. A true copy of such order shall at all times be retained by the judge or justice issuing the same.
Source:
SL 1980, ch 181, §14.
2023 South Dakota Codified Laws › Title 23A - Criminal Procedure › Chapter 35A - Interception Of Wire, Electronic, Or Oral Communications › Section 23A-35A-12 - Sealing of applications and orders--Custody--Disclosure for good cause.

23A-35A-12. Sealing of applications and orders--Custody--Disclosure for good cause.
After the termination of the authorized eavesdropping, applications made and orders granted under this statute shall within ten days be returned to and sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction or as otherwise provided.
Source:
SL 1980, ch 181, §15.