Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-2-10 Time of execution of warrant
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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, …
SDCL § 23A-2-11 Service of summons on corporate defendant
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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…
SDCL § 23A-2-12 (Rule 4(d)(4)) Return of warrant or summons to committing magistrate--Cancellation or delivery to another of unexecuted process
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The law enforcement officer executing a warrant shall make return thereof to the committing magistrate before whom the defendant is brought pursuant to §
SDCL § 23A-2-2 (Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons
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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 prosec…
SDCL § 23A-2-3 (Rule 4(b)) Evidence furnishing probable cause for warrant or summons
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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 1…
SDCL § 23A-2-5 Copies of warrant sent to law enforcement officers
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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: …
SDCL § 23A-2-5.1 Facsimile transmission of complaint or indictment--Issue of arrest warrant--Proof of magistrate's signature
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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 arres…
SDCL § 23A-2-6 (Rule 4(c)(2)) Contents and signature of summons
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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 arr…
SDCL § 23A-2-7 (Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer
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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.
SDCL § 23A-2-9 (Rule 4(d)(3)) Warrant executed by arrest--Advice to defendant as to warrant--Manner of service of summons
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A warrant is executed by the arrest of the defendant. A law enforcement officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the law enforcement officer does not have the…