Section 23A-3-28 – Service of motion–Fee.
23A-3-28. Service of motion–Fee. At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney […]
Section 23A-3-29 – Hearing on motion for expungement.
23A-3-29. Hearing on motion for expungement. The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper. Source: SL 2010, […]
Section 23A-3-30 – Order of expungement.
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 […]
Section 23A-3-12 – Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful.
23A-3-12. Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful. If an arrest is made in this state by an officer of another state in accordance with the provisions of §23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of […]
Section 23A-3-13 – District of Columbia treated as state.
23A-3-13. District of Columbia treated as state. For the purposes of §§23A-3-9 to 23A-3-15, inclusive, the word “state” shall include the District of Columbia. Source: SL 1939, ch 139, §4; SDC Supp 1960, §34.16B04; SDCL, §23-23-3; SL 1978, ch 178, §26.
Section 23A-3-14 – Definition of fresh pursuit for interstate felony arrest.
23A-3-14. Definition of fresh pursuit for interstate felony arrest. The term “fresh pursuit” as used in §§23A-3-10 to 23A-3-14, inclusive, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also […]
Section 23A-3-15 – Citation of provisions on interstate pursuit.
23A-3-15. Citation of provisions on interstate pursuit. Sections 23A-3-10 to 23A-3-14, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit. Source: SL 1978, ch 178, §29.
Section 23A-3-16 – Arrest for misdemeanor on intrastate fresh pursuit.
23A-3-16. Arrest for misdemeanor on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who has committed a misdemeanor in the presence of the law enforcement officer shall have authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful […]
Section 23A-3-17 – Arrest for felony on intrastate fresh pursuit.
23A-3-17. Arrest for felony on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not […]
Section 23A-3-18 – Disposition of prisoner taken on intrastate fresh pursuit.
23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit. If an arrest under §23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate […]