South Dakota Codified Laws 23A-2-3. (Rule 4(b)) Evidence furnishing probable cause for warrant or summons
Current as of: 2023 | Check for updates
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The finding of probable cause for the issuance of a summons or warrant of arrest may be based upon hearsay evidence in whole or in part. The committing magistrate may require nonhearsay evidence to be submitted prior to the issuance of a summons or warrant of arrest.
Terms Used In South Dakota Codified Laws 23A-2-3
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Summons: Another word for subpoena used by the criminal justice system.
Source: SL 1978, ch 178, § 5.