23A-3-1. Definition of arrest. An arrest is the taking of a person into custody so that he may be held to answer for the alleged commission of a public offense. Source: SDC 1939 & Supp 1960, §34.1601; SDCL, §23-22-1; SL 1978, ch 178, §14.
23A-3-10. Fresh pursuit felony arrest by officer of another state. Any member of a duly organized state, county, or municipal law enforcing unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person […]
23A-3-11. Other powers of arrest unimpaired by fresh pursuit authority. Neither §23A-3-9 nor 23A-3-10 shall be construed so as to make unlawful any arrest in this state which would otherwise be lawful. Source: SL 1939, ch 139, §§1, 3; SDC Supp 1960, §§34.16B01, 34.16B03; SDCL, §23-23-4; SL 1978, ch 178, §25.
23A-3-12. Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful. If an arrest is made in this state by an officer of another state in accordance with the provisions of §23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of […]
23A-3-13. District of Columbia treated as state. For the purposes of §§23A-3-9 to 23A-3-15, inclusive, the word “state” shall include the District of Columbia. Source: SL 1939, ch 139, §4; SDC Supp 1960, §34.16B04; SDCL, §23-23-3; SL 1978, ch 178, §26.
23A-3-14. Definition of fresh pursuit for interstate felony arrest. The term “fresh pursuit” as used in §§23A-3-10 to 23A-3-14, inclusive, shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also […]
23A-3-15. Citation of provisions on interstate pursuit. Sections 23A-3-10 to 23A-3-14, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit. Source: SL 1978, ch 178, §29.
23A-3-16. Arrest for misdemeanor on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who has committed a misdemeanor in the presence of the law enforcement officer shall have authority to arrest and hold in custody such person anywhere in this state. This section shall not make unlawful […]
23A-3-17. Arrest for felony on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not […]
23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit. If an arrest under §23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate […]
23A-3-19. Definition of fresh pursuit in intrastate felony arrests. The term “fresh pursuit” as used in §§23A-3-17 to 23A-3-19, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this state. […]
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, […]
23A-3-2.1. Circumstances permitting warrantless arrests. Unless the provisions of §22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that: (1)An order has […]
23A-3-20. Citation of provisions on intrastate fresh pursuit. Sections 23A-3-17 to 23A-3-19, inclusive, may be called the “Uniform Law on Intrastate Fresh Pursuit.” Source: SL 1941, ch 153, §5; SDC Supp 1960, §34.16A01; SDCL, §23-22-41; SL 1978, ch 178, §35.
23A-3-24. Federal law enforcement officer defined. For the purposes of §23A-3-25, the term, federal law enforcement officer, means any officer or employee of the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Marshall Service, the Internal Revenue Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, the United States Postal […]
23A-3-25. Authority of federal law enforcement officer. Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances: (1)The officer has reasonable grounds to believe that a state felony has been committed […]
23A-3-26. Definition of expungement. Terms used in §§23A-3-27 to 23A-3-33, inclusive, mean: (1)”Expungement,” the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice […]
23A-3-27. Motion for expungement of arrest record. An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest: (1)After one year from the date of any arrest, if no accusatory instrument was filed; (2)After […]
23A-3-28. Service of motion–Fee. At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney […]
23A-3-29. Hearing on motion for expungement. The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper. Source: SL 2010, […]
