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59 chapters · 917 sections in this title.
SDCL § 23A-36-1 Determination by magistrate whether probable cause exists for search warrant--Notice of hearing to person in possession
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Upon the filing of an affidavit for a search warrant to search for obscene material, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he d…
SDCL § 23A-36-10 Order for destruction of obscene material seized
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Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destro…
SDCL § 23A-36-2 Hearing on search warrant for obscene material--Evidence received
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The hearing on the affidavit for the issuance of a search warrant shall be at such time and upon such reasonable notice given in such manner as the magistrate may direct. The magistrate's order as to notice and hearing shall give the adverse party the right to appear and produce …
SDCL § 23A-36-3 Magistrate's orders to prevent removal of material pending hearing
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The magistrate shall further have authority to render such orders as are reasonable and necessary, to protect the court's jurisdiction over the matter described in the affidavit for a search warrant and may issue orders requiring that the matter not be removed from its location a…
