Section 23A-36-6 – Notice alleging nonobscenity of material seized–Time of hearing.
23A-36-6. Notice alleging nonobscenity of material seized–Time of hearing. In the event that a search warrant is issued and matter alleged to be obscene is seized, any person alleged to be in possession of the matter or claiming ownership of the matter at the time of its possession or seizure may file a notice in […]
Section 23A-36-7 – Hearing on obscenity of material seized–Return to owner if not obscene.
23A-36-7. Hearing on obscenity of material seized–Return to owner if not obscene. At a hearing pursuant to §23A-36-6, evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such additional hearing, the magistrate shall make a further determination of whether probable cause exists to believe that […]
Section 23A-36-8 – Expert testimony not required in obscenity hearing–Evidence of community standards.
23A-36-8. Expert testimony not required in obscenity hearing–Evidence of community standards. In the prosecution for a violation of the provisions of this chapter, neither the prosecution nor the defense shall be required to introduce expert witness testimony concerning the obscene or harmful character of the matter which is the subject of any such prosecution. Any […]
Section 23A-36-9 – Verdict on obscenity of material seized.
23A-36-9. Verdict on obscenity of material seized. The jury, or the court, if a jury trial is waived, shall render a general verdict. In the verdict that is rendered, a determination as to whether the material is obscene shall also be made. Source: SL 1968, ch 29, §8; SDCL Supp, §22-24-18; SL 1974, ch 165, […]
Section 23A-36-10 – Order for destruction of obscene material seized.
23A-36-10. Order for destruction of obscene material seized. Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter in respect whereof the accused stands convicted, and which remains in the possession or under the control of the prosecuting attorney or any law enforcement agency, to be destroyed, and […]
Section 23A-36-2 – Hearing on search warrant for obscene material–Evidence received.
23A-36-2. Hearing on search warrant for obscene material–Evidence received. The hearing on the affidavit for the issuance of a search warrant shall be at such time and upon such reasonable notice given in such manner as the magistrate may direct. The magistrate’s order as to notice and hearing shall give the adverse party the right […]
Section 23A-36-3 – Magistrate’s orders to prevent removal of material pending hearing.
23A-36-3. Magistrate’s orders to prevent removal of material pending hearing. The magistrate shall further have authority to render such orders as are reasonable and necessary, to protect the court’s jurisdiction over the matter described in the affidavit for a search warrant and may issue orders requiring that the matter not be removed from its location […]
Section 23A-36-4 – Hearing on obscenity or nonobscenity of material–Determination of probable cause for search warrant.
23A-36-4. Hearing on obscenity or nonobscenity of material–Determination of probable cause for search warrant. At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall […]
Section 23A-36-5 – Issuance of search warrant on finding of probable cause.
23A-36-5. Issuance of search warrant on finding of probable cause. If the magistrate finds that probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant, then he shall issue a search warrant ordering the seizure of the matter described in the affidavit […]
Section 23A-36-1 – Determination by magistrate whether probable cause exists for search warrant–Notice of hearing to person in possession.
23A-36-1. Determination by magistrate whether probable cause exists for search warrant–Notice of hearing to person in possession. Upon the filing of an affidavit for a search warrant to search for obscene material, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the […]