South Dakota Codified Laws 25-10-35. Arrest of person for abuse–Considerations
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If the officer has probable cause to believe that persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:
(1) The intent to protect victims of domestic abuse under this chapter;
Terms Used In South Dakota Codified Laws 25-10-35
- 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.
(2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and
(3) The history of domestic abuse between the persons involved.
Source: SL 1989, ch 207, § 2; SDCL § 23A-3-2.2; SL 2002, ch 19, § 1; SL 2003, ch 147, § 1; SL 2015, ch 139, § 2.