South Dakota Codified Laws 23A-49-8. Seizure of property without court process
The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if:
(1) The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;
Terms Used In South Dakota Codified Laws 23A-49-8
- Arrest: Taking physical custody of a person by lawful authority.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;
(3) The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in § 23A-49-20.
Source: SL 2016, ch 138, § 8.