23A-35A-1. Definition of terms. Terms used in this chapter mean: (1)”Aggrieved person,” a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed; (2)”Attorney general,” the attorney general of the State of South Dakota; (3)”Chapter 119 of the United States Code,” Chapter 119 […]
23A-35A-10. Duration of order–Extensions. No order entered under this section may authorize the interception of any wire, electronic, or oral communication for any period longer than is necessary to achieve the objective of the authorization, in any event no longer than thirty days. Any extension of any order may be granted, but only upon application […]
23A-35A-11. Authority for eavesdropping–Retention of orders and papers by applicant–Copy of order retained by judge. Any ex parte order for wiretapping and eavesdropping, together with the papers upon which the application was based, shall be delivered to and retained by the applicant during the duration of the wiretap as authority for the eavesdropping authorized therein. […]
23A-35A-12. Sealing of applications and orders–Custody–Disclosure for good cause. After the termination of the authorized eavesdropping, applications made and orders granted under this statute shall within ten days be returned to and sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed […]
23A-35A-13. Recording of intercepted communications if possible–Sealing of recordings. The contents of any wire, electronic, or oral communication intercepted by any means authorized by this statute shall, if possible, be recorded. The recording of the contents of any wire, electronic, or oral communication under this section shall be done in a way to protect the […]
23A-35A-14. Disclosures to interested parties–Inspection of intercepted communications, application, or order–Postponement of notice. Within ninety days after an application under §23A-35A-3 is denied, or the period of an order or extension expires, the issuing or denying judge shall cause the persons named in the order or application and any other parties to intercepted communications as […]
23A-35A-15. Disclosure of contents of intercepted communications among investigative or law enforcement officers. Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived from the contents, may disclose the contents to another investigative or law […]
23A-35A-16. Appropriate use of contents of intercepted communication by investigative or law enforcement officer. Any investigative or law enforcement officer who, by any means authorized by this chapter, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived from the contents may use the contents to the extent appropriate […]
23A-35A-17. Disclosure of contents of intercepted communication in court or grand jury proceeding. Any person, who has received, by any means authorized by this chapter or chapter 119 of the United States Code, or a like statute of another state, any information concerning the contents of a wire, electronic, or oral communication, or evidence derived […]
23A-35A-18. Interception of communications relating to offenses other than specified in order–Use of contents. If an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized by this chapter, intercepts wire, electronic, or oral communications relating to offenses not specified in the order of authorization or approval, […]
23A-35A-19. Privileged communications. No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, the provisions of this chapter may lose its privileged character. Source: SL 1969, ch 158, §5 (4); SDCL Supp, §23-13A-10; SL 1980, ch 181, §8; SL 2017, ch 108, §15.
23A-35A-2. Authorization or approval for interception of communications. Any order authorizing or approving the interception of wire, electronic, or oral communications may be granted, subject to the provisions of this chapter, if the interception may provide or has provided evidence of the commission of, or of any conspiracy to commit, the following offenses as otherwise […]
23A-35A-20. Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony. Except as provided in §23A-35A-21, a person is guilty of a Class 5 felony who is not: (1)A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or […]
23A-35A-21. Exemptions from chapter. The following is exempt from the provisions of this chapter: (1)Wiretapping and eavesdropping pursuant to an ex parte order granted pursuant to §23A-35A-6; (2)The normal use of services, equipment, and facilities provided by a common carrier pursuant to tariffs on file with the Public Utilities Commission of the State of South […]
23A-35A-22. Use of pen register or trap and trace device without court order prohibited–Violation as misdemeanor. Except as provided in §23A-35A-1 or 23A-35A-22 to 23A-35A-34, inclusive, no person may install or use a pen register or a trap or trace device without first obtaining a court order under §23A-35A-27. A violation of this section is […]
23A-35A-23. Application of prohibition to provider of wire or electronic communication service. The prohibition in §23A-35A-22 does not apply with respect to the use of a pen register or a trap and trace device by a provider of wire or electronic communication service: (1)Relating to the operation, maintenance, and testing of a wire or electronic […]
23A-35A-24. Application for order authorizing use of pen register or trap and trace device. An investigative or law enforcement officer may apply for an order or an extension of an order under §23A-35A-27, authorizing or approving the installation and use of a pen register or a trap and trace device under §§23A-35A-1 and 23A-35A-22 to […]
23A-35A-25. Contents of application. An application under §23A-35A-24 shall include the identity of the law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation and a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted […]
23A-35A-26. Issuance of ex parte order authorizing use of pen register or trap and trace device. Upon an application made under §§23A-35A-24 and 23A-35A-25, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the […]
23A-35A-27. Contents of ex parte order authorizing use of pen register or trap and trace device. An order issued under §23A-35A-26: (1)Shall specify the identity, if known, of the person whose name is listed on the telephone line or electronic communication device that the pen register or trap and trace device is to be attached; […]
