South Dakota Codified Laws 23A-35-9. Grounds for no-knock warrant–Powers of officer executing
If a committing magistrate who has been asked to issue a search warrant is satisfied that there is probable cause to believe that if notice were given prior to its execution, the property sought in the case may be easily and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may result, he may include in the warrant a direction that the officer executing it is not required to give the notice required by § 23A-35-8. In such case, the officer who executes the warrant may, without notice of his authority and purpose, enter any structure, portion of a structure or vehicle, or anything therein, by whatever means, including breaking therein.
Terms Used In South Dakota Codified Laws 23A-35-9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- property: as used in this chapter includes documents, books, papers, and any other tangible objects. See South Dakota Codified Laws 23A-35-14
Source: SL 1970, ch 229, § 11 (c) (2); SDCL Supp, § 39-17-125; SDCL, § 34-20B-66; SL 1978, ch 178, § 446.