Title 23A, CRIMINAL PROCEDURE

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 § 23A-35A-27 . A violation of this section is a Class 1 misdemeanor. Source: SL 1988, ch 19…

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.

Terms used in this chapter mean: (1) "Assault," an offense described in § 22-18-1 , in which the facts show a possibility of exchange of bodily fluids; (2) "Blood-borne pathogens," any of a family of pathogenic micro-organisms that are present in and may be transmitted by human b…

The court shall order the convicted person to pay the cost of the testing. The cost shall be treated as any other court cost or fine under chapter 23A-27 . If the person tested is an inmate under the jurisdiction of the Department of Corrections, the cost of testing shall be take…

The final test results shall be reported to the person tested along with precautionary, medical care, and counseling information. Except as provided in § 23A-35B-12 , the results of the test shall remain confidential. Source: SL 2012, ch 134 , § 4.

Any person who may have had sexual relations with or otherwise exchanged bodily fluids with the tested person may petition the court to receive the results of the HIV test. The petition shall state that the petitioner believes there was an exchange of blood, semen, or other bodil…

The results of the test may not be used as evidence in any criminal prosecution. All persons involved in carrying out the provisions of §§ 23A-35B-8 to 23A-35B-12 , inclusive, shall act in a manner that will protect the confidentiality of the petitioner and the person tested, inc…

A victim may request that the Department of Health provide counseling, testing for infection by blood - borne pathogens, and referral for appropriate health care and support services to the victim through its public health services. Such referral does not include any requirement …

A victim or a law enforcement officer may request in writing to the state's attorney that the defendant or the juvenile be tested for blood-borne pathogen infection by the Department of Health and that a search warrant be obtained for the purpose of taking a blood sample from the…

A request under this section shall state that the victim believes there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, and shall state the factual basis for believing the exchange occurred. Upon motion, a court of competent j…

A health professional licensed or certified to do so shall take the blood samples required for testing for blood - borne pathogen infection and forward them to the Department of Health for testing. The testing shall take place under a test protocol determined by the Department of…

All persons involved in carrying out the provisions of this chapter shall act in a manner that will protect the confidentiality of the victim, the source individual, and the defendant or juvenile, including sealing relevant court records. The results of the test for infection by …

Any law enforcement officer who has reason to believe that in a crime of violence case, an assault, a violation of chapter 32-23 or a case of resisting arrest, or in an equivalent juvenile delinquency adjudication, there may have been an exchange of blood or other bodily fluids f…

An emergency medical services person who is a victim may request in writing to the source individual, or if the source individual is deceased, to a relative of the source individual or to the source individual's estate, for medical records or information concerning blood-borne pa…

Any person convicted of prostitution or solicitation of prostitution shall be required, with or without that person's consent, to undergo a standard diagnostic test for human immunodeficiency virus (HIV) under the testing protocol of the Department of Health. Source: SL 2012, ch …

After conviction, but prior to sentencing, the court shall order the convicted person to submit to an HIV test and shall issue a warrant to collect a blood sample from that person. A health professional licensed or certified to do so shall take the blood samples required for test…

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…

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…

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 …

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…

At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to …

If the magistrate finds that probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant, then he shall issue a search warrant ordering the seizure of the matter described in the affidavit for a search …

In the event that a search warrant is issued and matter alleged to be obscene is seized, any person alleged to be in possession of the matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in writing with the magistrate within ten d…