South Dakota Codified Laws 23A-3-3. Citizen’s arrest
Current as of: 2023 | Check for updates
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Any person may arrest another:
(1) For a public offense, other than a petty offense, committed or attempted in his presence; or
Terms Used In South Dakota Codified Laws 23A-3-3
- 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) For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.
Source: SDC 1939 & Supp 1960, § 34.1608; SDCL, § 23-22-14; SL 1978, ch 178, § 16.