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South Dakota Codified Laws

Chapter 23A-35

S.D. Codified Laws ch. 23A-35

(Rule 41) Search and Seizure

23A-35-1Definition of search warrant.23A-35-2(Rule 41(a)) Magistrate issuing warrant--Officer requesting.23A-35-3(Rule 41(b)) Property for which warrant may be issued.23A-35-4(Rule 41(c)(1)) Affidavits furnishing probable cause for warrant--Examination of witnesses by magistrate--Record of proceedings--Contents of warrant.23A-35-4.1Filing of affidavit--Sealing of affidavit.23A-35-4.2Electronic transmission of affidavit in support of search warrant--Issue of search warrant--Proof of magistrate's signature.23A-35-4.3Search warrant for installation, use, and maintenance of tracking device.23A-35-5(Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court.23A-35-6(Rule 41(c)(2)(A)) Grounds for warrant on oral testimony--Verbatim contents of warrant--Signature of duplicate by requesting officer--Preparation of original by magistrate.23A-35-7(Rule 41(c)(2)(B)) Return of warrant issued on oral testimony--Signature by person establishing grounds for issuance.23A-35-8Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.23A-35-9Grounds for no-knock warrant--Powers of officer executing.23A-35-10(Rule 41(d)) Receipt and copy of warrant given to person from whom property taken--Inventory filed with return of warrant--Copies of inventory.23A-35-11(Rule 41(e)) Motion in circuit court for return of property illegally seized--Restoration of property--Treatment as motion to suppress evidence.23A-35-12(Rule 41(f)) Motion to suppress evidence in trial court.23A-35-13(Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned.23A-35-14(Rule 41(h)) Special provisions for search unimpaired.23A-35-15Definition of digital currency.