23A-3-3. Citizen’s arrest. Any person may arrest another: (1)For a public offense, other than a petty offense, committed or attempted in his presence; or (2)For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it. Source: SDC 1939 […]
23A-3-30. Order of expungement. The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of […]
23A-3-31. Report to Division of Criminal Investigation–Retention and use of nonpublic records–Sealing of records. Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use […]
23A-3-32. Effect of order of expungement. The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person’s arrest or indictment or information. No person as to whom an order of expungement has been entered shall be […]
23A-3-33. No time limitation for making application. A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application. Source: SL 2010, ch 126, §8.
23A-3-34. Defendant’s public record–Automatic removal of non-felony charges or convictions–Case record available to authorized personnel–Use as enhancement. Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant’s public record after five years if […]
23A-3-35. Eligibility of person placed in diversion program for expungement of record. If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if: (1)The person has successfully completed all the terms of the diversion program; and (2)The person has […]
23A-3-36. Dismissal of charges and notice of completion of diversion. If the requirements of §23A-3-35 have been met, the state’s attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person. Source: SL 2018, ch 143, §2.
23A-3-37. Expungement of record on filing of dismissal and notice. Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court. Source: SL 2018, ch 143, §3.
23A-3-4. Advice as to authority and cause of arrest without warrant. When arresting a person without a warrant, the person making the arrest must inform the person to be arrested of his authority and the cause of the arrest, and require him to submit, except when the person to be arrested is engaged in the […]
23A-3-5. Manner of making arrest–Physical restraint–Weapons and contraband property–Breaking structure to make arrest. An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary […]
23A-3-6. Aid to law enforcement officer on request. Every person must aid a law enforcement officer in making an arrest if the officer requests his aid. Source: SDC 1939 & Supp 1960, §34.1601; SDCL, §23-22-3; SL 1978, ch 178, §19.
23A-3-7. Restriction on place of arrest for violation of local ordinance or bylaw. No arrest for the violation of an ordinance or bylaw of any unit of local government may be made beyond the territorial jurisdiction of that unit of local government, except as otherwise provided in §23A-2-8. Source: SL 1978, ch 178, §20; SL […]
23A-3-8. Receipts given for property taken from person arrested. When money or property, other than that seized pursuant to chapters 23A-35 to 23A-37, inclusive, is taken from a defendant arrested upon a charge of having committed a public offense, the law enforcement officer taking it must, at the time, make duplicate receipts therefor, specifying particularly […]
23A-3-9. Fresh pursuit misdemeanor arrest by officer of another state. Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person […]
