Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 22-12-13

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

Source: SDC 1939, § 13.1213; SDC 1939 & Supp 1960 § 34.9904; SDCL, § 23-15-11; SL 1978, ch 185, § 5; SL 2005, ch 120, § 240.