(Rule 41) Search And Seizure

  1. Law
  2. South Dakota Codified Laws
  3. Criminal Procedure
  4. (Rule 41) Search And Seizure

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Section
23A-35-1

Definition of search warrant.

Section
23A-35-2

(Rule 41(a)) Magistrate issuing warrant--Officer requesting.

Section
23A-35-3

(Rule 41(b)) Property for which warrant may be issued.

Section
23A-35-4

(Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant.

Section
23A-35-4.1

Filing of affidavit--Sealing of affidavit.

Section
23A-35-4.2

Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.

Section
23A-35-4.3

Search warrant for installation, use, and maintenance of tracking device.

Section
23A-35-5

(Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.

Section
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.

Section
23A-35-7

(Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.

Section
23A-35-8

Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.

Section
23A-35-9

Grounds for no-knock warrant--Powers of officer executing.

Section
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.

Section
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.

Section
23A-35-12

(Rule 41(f)) Motion to suppress evidence in trial court.

Section
23A-35-13

(Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.

Section
23A-35-14

(Rule 41(h)) Special provisions for search unimpaired--Property defined.