A warrant may be issued under this chapter to search for and seize any:

(1) Property that constitutes evidence of the commission of a criminal offense;

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Terms Used In South Dakota Codified Laws 23A-35-3

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • property: as used in this chapter includes documents, books, papers, and any other tangible objects. See South Dakota Codified Laws 23A-35-14

(2) Contraband, the fruits of crime, or things otherwise criminally possessed; or

(3) Property designed or intended for use in, or which is or has been used as the means of, committing a criminal offense.

Source: SDC 1939 & Supp 1960, § 34.1103 (1) to (3); SDCL, §§ 23-15-3 to 23-15-5; SL 1978, ch 178, § 440.