Title 23A, CRIMINAL PROCEDURE

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.

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 pu…

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.

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 arr…

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 arr…

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 term "fresh pursuit" as used in §§ 23A-3-17 to 23A-3-19 , 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 in this state. It shall also i…

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…

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 cau…

Sections 23A-3-17 to 23A-3-19 , inclusive, may be called the "Uniform Law on Intrastate Fresh Pursuit." Source: SL 1941, ch 153 , § 5; SDC Supp 1960, § 34.16A01; SDCL, § 23-22-41; SL 1978, ch 178 , § 35.

For the purposes of § 23A-3-25 , the term, federal law enforcement officer, means any officer or employee of the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Marshall Service, the Internal Revenue Service, the Secret Service, the Bureau …

Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances: (1) The officer has reasonable grounds to believe that a state felony has …

Terms used in §§ 23A-3-27 to 23A-3-33 , inclusive, mean: (1) "Expungement," the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person's detection, ap…

An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest: (1) After one year from the date of any arrest, if no accusatory instrument was filed; (2) After one …

At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed.…

The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper. Source: SL 2010, c…

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 …

The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the orde…

Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 . The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement …

The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person's arrest or indictment or information. No person as to whom an order of expungement has been entered shall be…

A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application. Source: SL 2010, ch 126 , § 8.

. Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after five years if all court-ordered conditions on the …

If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if: (1) The person has successfully completed all the terms of the diversion program; and (2) The person has not been charged wit…

If the requirements of § 23A-3-35 have been met, the state's attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person. Source: SL 2018, ch 143 , § 2.

Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court. Source: SL 2018, ch 143 , § 3.

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 h…

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 ma…

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.

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.

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, spec…

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 pers…