§ 23A-35-1 Definition of search warrant
§ 23A-35-2 (Rule 41(a)) Magistrate issuing warrant–Officer requesting
§ 23A-35-3 (Rule 41(b)) Property for which warrant may be issued
§ 23A-35-4 (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant–Examination ofwitnesses by magistrate–Record of proceedings–Contents of warrant
§ 23A-35-4.1 Filing of affidavit–Sealing of affidavit
§ 23A-35-4.2 Electronic transmission of affidavit in support of search warrant–Issue of searchwarrant–Proof of magistrate’s signature
§ 23A-35-4.3 Search warrant for installation, use, and maintenance of tracking devices
§ 23A-35-5 (Rule 41(c)(2)) Oral testimony as basis for warrant–Transcription, certification andfiling with court
§ 23A-35-6 (Rule 41(c)(2)(A)) Grounds for warrant on oral testimony–Verbatim contents ofwarrant–Signature of duplicate by requesting officer–Preparation of original bymagistrate
§ 23A-35-7 (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony–Signature by personestablishing grounds for issuance
§ 23A-35-8 Breaking in to execute warrant after refusal of admittance–Liberation of personexecuting warrant
§ 23A-35-9 Grounds for no-knock warrant–Powers of officer executing
§ 23A-35-10 (Rule 41(d)) Receipt and copy of warrant given to person from whom property taken–Inventory filed with return of warrant–Copies of inventory
§ 23A-35-11 (Rule 41(e)) Motion in circuit court for return of property illegally seized–Restoration of property–Treatment as motion to suppress evidence
§ 23A-35-12 (Rule 41(f)) Motion to suppress evidence in trial court
§ 23A-35-13 (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned
§ 23A-35-14 (Rule 41(h)) Special provisions for search unimpaired–Property defined

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 35

  • Committing magistrate: any of the following persons:
     . See South Dakota Codified Laws 23A-45-9
  • Defendant: the party prosecuted in a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. See South Dakota Codified Laws 23A-45-9
  • Law enforcement officer: an officer or employee of the state or any of its units of local government, or of the United States, or an employee of a railroad or express company while on duty, who is responsible for the prevention or detection of crimes or for the enforcement of the criminal or highway traffic laws of the state. See South Dakota Codified Laws 23A-45-9
  • Night: the period from 8:00 p. See South Dakota Codified Laws 23A-45-9
  • Oath: an oath or an affirmation. See South Dakota Codified Laws 23A-45-9
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See
  • Property: includes property, real and personal. See
  • Property: includes property, real and personal. See
  • Property: includes property, real and personal. See
  • property: as used in this chapter includes documents, books, papers, and any other tangible objects. See South Dakota Codified Laws 23A-35-14
  • Prosecuting attorney: the attorney general, an assistant attorney general, a special assistant attorney general, a state's attorney or an assistant state's attorney, a special prosecutor appointed by a court, a city attorney or any of his deputies, or any attorney engaged by the state or a unit of local government to prosecute a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police regulation of a unit of local government. See South Dakota Codified Laws 23A-45-9
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See
  • State: the State of South Dakota and any of its units of local government. See South Dakota Codified Laws 23A-45-9
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See