§ 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

  • affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Committing magistrate: any of the following persons:
     . See South Dakota Codified Laws 23A-45-9
  • court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • 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
  • discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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
  • reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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
  • testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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