23A-2-1. Complaint as statement of offense–Signature under oath–Traffic ticket issued by law enforcement officer. A complaint is a written statement of the essential facts constituting an offense charged. The complaint shall be signed under oath before a person authorized to administer oaths in the State of South Dakota. A law enforcement officer, in lieu of […]
23A-2-10. Time of execution of warrant. A warrant issued for a felony may be executed on any day, at any time of the day or night. A warrant issued for a misdemeanor shall not be executed at night unless an authorization for a night arrest is endorsed upon the warrant by the committing magistrate. Source: […]
23A-2-11. Service of summons on corporate defendant. No warrant of arrest may be issued against a corporation. A summons directed to a corporation shall be served at least five days before the day of appearance fixed therein by delivering it to the president or other head of the corporation, or to its secretary, treasurer, managing […]
23A-2-2.(Rule 4(a)) Warrant or summons issued on complaint–Sworn oral testimony–Failure of defendant to respond to summons. If it appears from a complaint, or from an affidavit or affidavits filed with a complaint, that there is probable cause to believe that an offense has been committed and that a particular person has committed it, a warrant […]
23A-2-3.(Rule 4(b)) Evidence furnishing probable cause for warrant or summons. The finding of probable cause for the issuance of a summons or warrant of arrest may be based upon hearsay evidence in whole or in part. The committing magistrate may require nonhearsay evidence to be submitted prior to the issuance of a summons or warrant […]
23A-2-4.(Rule 4(c)(1)) Contents and signature of arrest warrant–Endorsement as to bail. Each arrest warrant shall be dated and contain its place of issuance. It shall be signed by a committing magistrate. It shall contain the name of the defendant or, if his name is unknown, any name or description by which he can be identified […]
23A-2-5. Copies of warrant sent to law enforcement officers. A copy or an abstract of a warrant containing the information required by §23A-2-4 may be sent by any means to one or more law enforcement officers. Such copy shall confer the same authority to any law enforcement officer within his jurisdiction as the original warrant. […]
23A-2-5.1. Facsimile transmission of complaint or indictment–Issue of arrest warrant–Proof of magistrate’s signature. A committing magistrate may, by means of facsimile transmission, receive a complaint or indictment in request of the issuance of an arrest warrant and may issue an arrest warrant by the same method. All applicable procedural and statutory requirements for the issuance […]
23A-2-6.(Rule 4(c)(2)) Contents and signature of summons. A summons shall be in the same form as a warrant of arrest except that it shall summon the defendant to appear before a committing magistrate at a stated time and place. In addition, a summons shall state that if the defendant does not appear, a warrant will […]
23A-2-7.(Rule 4(d)(1)) Execution of warrant or summons by law enforcement officer. A warrant or summons shall be executed by any law enforcement officer who is authorized by law to execute the same. This section shall not be construed to extend the territorial jurisdiction of any law enforcement officer. Source: SL 1978, ch 178, §10.
23A-2-8.(Rule 4(d)(2)) Place of service of warrant or summons–Restriction when for violation of local ordinance or bylaw. Except as provided in this section and §23A-3-7, a warrant may be executed or a summons may be served at any place within the state. A warrant or summons issued for the violation of a municipal ordinance may […]
