South Dakota Codified Laws 23A-3-2. Law enforcement officer’s power to arrest without warrant
Current as of: 2023 | Check for updates
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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
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 23A-3-2
- Arrest: Taking physical custody of a person by lawful authority.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.