Arrest without a warrant

The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or incarceration for a term one year or greater, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in § 23-24-15 ; and thereafter the accused's answer shall be heard as if the accused had been arrested on a warrant. Source: SDC 1939, § 34.1713; SL 1953, ch 200 , § 14; SL 2015, ch 138 , § 1.