Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-35-1 Definition of search warrant
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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; SD…
SDCL § 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
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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 s…
SDCL § 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
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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 receiv…
SDCL § 23A-35-12 (Rule 41(f)) Motion to suppress evidence in trial court
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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.
SDCL § 23A-35-13 (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned
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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 193…
SDCL § 23A-35-14 (Rule 41(h)) Special provisions for search unimpaired
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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. For purposes of this chapter, "property" includes documents, books, papers, dig…
SDCL § 23A-35-15 Definition of digital currency
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For purposes of this chapter, "digital currency" means a digital representation of value recorded on a cryptographically secured distributed ledger or other medium of exchange, including blockchain, or similar technology. Source: SL 2026, ch 114 , § 2.
SDCL § 23A-35-2 (Rule 41(a)) Magistrate issuing warrant--Officer requesting
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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.
SDCL § 23A-35-3 The tracking-device warrant must identify the person or property to be tracked, designate the magistrate to whom it must be returned, and specify a reasonable length of time that the device may be used
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The time may not exceed sixty days from the date the warrant was issued. The court may, for good cause, grant one or more extensions for a reasonable period not to exceed sixty days each. The warrant must command the officer to complete any installation authorized by the warrant …
SDCL § 23A-35-4 (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant
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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 probab…
SDCL § 23A-35-4.1 Filing of affidavit--Sealing of affidavit
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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 sup…
SDCL § 23A-35-4.2 Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature
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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…
SDCL § 23A-35-4.3 Search warrant for installation, use, and maintenance of tracking device
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As used in this section, the term, tracking device, means an electronic or mechanical device that permits the tracking of the movement of a person or object, including GPS, cellular device, electronic video surveillance, or any other covert tracking or surveillance device. A sear…
SDCL § 23A-35-5 (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court
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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 …
SDCL § 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
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The grounds for issuance and the contents of a warrant issued pursuant to § 23A-35-5 shall be the same as are required by §
SDCL § 23A-35-7 (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance
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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, t…
SDCL § 23A-35-8 Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant
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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…
SDCL § 23A-35-9 Grounds for no - knock warrant--Powers of officer executing
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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…
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
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Source: SL 1987, ch 180 ; SL 2011, ch 124 , § 2.