Title 23A — CRIMINAL PROCEDURE

Admission to bail shall be as provided in chapter 23A-43 . Source: SL 1978, ch 178 , § 411. 23A-33-7 to 23A-33-9. (Rules 38(b), 38(c), 39)) Reserved

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…

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…

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…

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.

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…

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…

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.

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.

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 …

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…

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…

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…

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…

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 …

The grounds for issuance and the contents of a warrant issued pursuant to § 23A-35-5 shall be the same as are required by §

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…

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…

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…

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…