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-3-2.1 – Circumstances permitting warrantless arrests.
23A-3-2.1. Circumstances permitting warrantless arrests. Unless the provisions of §22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that: (1)An order has […]
Section 23A-3-3 – Citizen’s arrest.
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 […]
Section 23A-3-4 – Advice as to authority and cause of arrest without warrant.
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 […]
Section 23A-3-5 – Manner of making arrest–Physical restraint–Weapons and contraband property–Breaking structure to make arrest.
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 […]
Section 23A-3-6 – Aid to law enforcement officer on request.
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.
Section 23A-3-7 – Restriction on place of arrest for violation of local ordinance or bylaw.
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 […]
Section 23A-3-8 – Receipts given for property taken from person arrested.
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 […]