South Dakota Codified Laws 23A-27-21. Warrantless arrest and taking into custody of person on probation or with suspended sentence–Conditions
A court services officer may arrest and take into custody a person on probation or suspended sentence without a warrant if that court services officer has probable cause to believe that:
(1) The person has violated the terms and conditions of suspension or probation;
Terms Used In South Dakota Codified Laws 23A-27-21
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) The person has failed to comply with the court services officer’s documented directives;
(3) The purpose or objects of suspension or probation are not being served; or
(4) The arrest or taking into custody appears necessary in order to prevent escape or enforce discipline.
Source: SDC 1939, § 13.5304 as added by SL 1955, ch 31, § 2; SL 1957, ch 36, § 1; SL 1964, ch 33, § 6; SDCL, § 23-57-12; SL 1977, ch 198, § 12; SL 1978, ch 178, § 351; SL 1982, ch 28, § 20; SL 2005, ch 128, § 1.