It is no defense to a prosecution under § 22-11-4 that the law enforcement officer was attempting to make an arrest which in fact was unlawful, if the law enforcement officer was acting under color of authority and, in attempting to make the arrest, the law enforcement officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A law enforcement officer, firefighter, or emergency medical technician acts under color of authority if, in the regular course of assigned duties, he or she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances.

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Terms Used In South Dakota Codified Laws 22-11-5

  • Arrest: Taking physical custody of a person by lawful authority.

Source: SL 1976, ch 158, § 11-2; SL 2005, ch 120, § 195.