Title 23A — CRIMINAL PROCEDURE

Terms used in this chapter mean: (1) "Aggrieved person," a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed; (2) "Attorney general," the attorney general of the State of South Dakota; (3) "Cha…

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 gran…

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 o…

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 sh…

The contents of any wire, electronic, or oral communication intercepted by any means authorized by this statute shall, if possible, be recorded. The recording of the contents of any wire, electronic, or oral communication under this section shall be done in a way to protect the r…

Within ninety days after an application under § 23A-35A-3 is denied, or the period of an order or extension expires, the issuing or denying judge shall cause the persons named in the order or application and any other parties to intercepted communications as the judge may determi…

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from the contents, may disclose the contents to another investigative or law enfor…

Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived from the contents may use the contents to the extent appropriate to the proper perf…

Any person, who has received, by any means authorized by this chapter or chapter 119 of the United States Code, or a like statute of another state, any information concerning the contents of a wire, electronic, or oral communication, or evidence derived from the contents, interce…

If an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized by this chapter, intercepts wire, electronic, or oral communications relating to offenses not specified in the order of authorization or…

No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter may lose its privileged character. Source: SL 1969, ch 158 , § 5 (4); SDCL Supp, § 23-13A-10; SL 1980, ch 181 , § 8; SL 2017, ch 108 …

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 …

Except as provided in § 23A-35A-21 , a person is guilty of a Class 5 felony who is not: (1) A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits a…

The following is exempt from the provisions of this chapter: (1) Wiretapping and eavesdropping pursuant to an ex parte order granted pursuant to § 23A-35A-6 ; (2) The normal use of services, equipment, and facilities provided by a common carrier pursuant to tariffs on file with t…

Except as provided in § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, no person may install or use a pen register or a trap or trace device without first obtaining a court order under §

The prohibition in § 23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service: (1) Relating to the operation, maintenance, and testing of a wire or electronic communication service or …

An investigative or law enforcement officer may apply for an order or an extension of an order under § 23A-35A-27 , authorizing or approving the installation and use of a pen register or a trap and trace device under §§ 23A-35A-1 and 23A-35A-22 to 23A-35A-34 , inclusive, in writi…

An application under § 23A-35A-24 shall include the identity of the law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation and a certification by the applicant that the information likely to be o…

Upon an application made under §§ 23A-35A-24 and 23A-35A-25 , the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the law enforcement or investigativ…

An order issued under § 23A-35A-26 : (1) Shall specify the identity, if known, of the person whose name is listed on the telephone line or electronic communication device that the pen register or trap and trace device is to be attached; the identity, if known, of the person who i…

An order issued under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed sixty days. Extensions of an order may be granted, but only upon an application for an order…

An order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that: (1) The order be sealed until otherwise ordered by the court; and (2) The person owning or leasing the line to which the pen register or a trap and trace dev…

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 …

Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to install and use a pen register under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, a provider of wire or electronic communication service, landlord, custodian, or other perso…

Upon the request of a prosecuting attorney or an officer of a law enforcement agency authorized to receive the results of a trap and trace device under § 23A-35A-1 or §§ 23A-35A-22 to 23A-35A-34 , inclusive, a provider of a wire or electronic communication service, landlord, cust…

A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this section shall be reasonably compensated for the reasonable expenses incurred in providing the facilities and assistance…

No cause of action may lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under § 23A-3…

A good faith reliance on a court order, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under § 23A-35A-1 or 23A-35A-22 to 23A-35A-34 , inclusive, or any other law. Source: SL 1988, ch 194 , § 14.

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 circ…

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.

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 per…

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…

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 i…

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.