Section 23A-35A-15 – Disclosure of contents of intercepted communications among investigative or law enforcement officers.
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 […]
Section 23A-35A-16 – Appropriate use of contents of intercepted communication by investigative or law enforcement officer.
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 […]
Section 23A-35A-17 – Disclosure of contents of intercepted communication in court or grand jury proceeding.
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 […]
Section 23A-35A-18 – Interception of communications relating to offenses other than specified in order–Use of contents.
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, […]
Section 23A-35A-19 – Privileged communications.
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.
Section 23A-35A-4 – Application to intercept communications–Form and contents.
23A-35A-4. Application to intercept communications–Form and contents. The attorney general or state’s attorney shall make an application pursuant to §23A-35A-3 in writing and upon the oath or affirmation of the applicant. The application shall include: (1)The name and title of the applicant; (2)A full and complete statement of the facts and circumstances relied upon by […]
Section 23A-35A-5 – Circuit judge to authorize interception.
23A-35A-5. Circuit judge to authorize interception. Only a judge of a circuit court of the State of South Dakota may grant orders authorizing the interception of wire, electronic, or oral communications. Source: SL 1969, ch 158, §3; SDCL Supp, §23-13A-5; SL 1980, ch 181, §4; SL 2017, ch 108, §5.
Section 23A-35A-6 – Ex parte order authorizing wiretapping or eavesdropping–Probable cause required for entry.
23A-35A-6. Ex parte order authorizing wiretapping or eavesdropping–Probable cause required for entry. Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if the judge determines based on the facts submitted by the applicant that: (1)There is probable cause to believe that a […]
Section 23A-35A-7 – Contents of order.
23A-35A-7. Contents of order. Each order authorizing the interception of any wire, electronic, or oral communication shall specify: (1)The identity of the person, if known, whose communications are to be intercepted; (2)The nature and location of the communications facilities as to which, or the place where authority to intercept is granted; (3)A particular description of […]
Section 23A-35A-8 – Cooperation and technical assistance required of carriers, landlords, and others–Compensation.
23A-35A-8. Cooperation and technical assistance required of carriers, landlords, and others–Compensation. Any order authorizing wiretapping or eavesdropping shall, upon the request of the applicant, direct that the common carrier, landlords, custodians, or other persons furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of […]