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Home » US Law » 2022 South Dakota Codified Laws » Title 23A - Criminal Procedure » Chapter 03 - (Rule 4.1) Arrest » Section 23A-3-2 – Law enforcement officer’s power to arrest without warrant.

23A-3-2. Law enforcement officer’s power to arrest without warrant.

A law enforcement officer may, without a warrant, arrest a person:

(1)For a public offense, other than a petty offense, committed or attempted in his presence; or

(2)Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer’s presence.

Source: SDC 1939 & Supp 1960, §34.1609; SDCL, §23-22-7; SL 1978, ch 178, §15; SL 1979, ch 159, §1.