§ 23A-3-1 Definition of arrest
§ 23A-3-2 Law enforcement officer’s power to arrest without warrant
§ 23A-3-2.1 Circumstances permitting warrantless arrests
§ 23A-3-3 Citizen’s arrest
§ 23A-3-4 Advice as to authority and cause of arrest without warrant
§ 23A-3-5 Manner of making arrest–Physical restraint–Weapons and contraband property–Breaking structure to make arrest
§ 23A-3-6 Aid to law enforcement officer on request
§ 23A-3-7 Restriction on place of arrest for violation of local ordinance or bylaw
§ 23A-3-8 Receipts given for property taken from person arrested
§ 23A-3-9 Fresh pursuit misdemeanor arrest by officer of another state
§ 23A-3-10 Fresh pursuit felony arrest by officer of another state
§ 23A-3-11 Other powers of arrest unimpaired by fresh pursuit authority
§ 23A-3-12 Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful
§ 23A-3-13 District of Columbia treated as state
§ 23A-3-14 Definition of fresh pursuit for interstate felony arrest
§ 23A-3-15 Citation of provisions on interstate pursuit
§ 23A-3-16 Arrest for misdemeanor on intrastate fresh pursuit
§ 23A-3-17 Arrest for felony on intrastate fresh pursuit
§ 23A-3-18 Disposition of prisoner taken on intrastate fresh pursuit
§ 23A-3-19 Definition of fresh pursuit in intrastate felony arrests
§ 23A-3-20 Citation of provisions on intrastate fresh pursuit
§ 23A-3-24 Federal law enforcement officer defined
§ 23A-3-25 Authority of federal law enforcement officer
§ 23A-3-26 Definition of expungement
§ 23A-3-27 Motion for expungement of arrest record
§ 23A-3-28 Service of motion–Fee
§ 23A-3-29 Hearing on motion for expungement
§ 23A-3-30 Order of expungement
§ 23A-3-31 Report to Division of Criminal Investigation–Retention and use of nonpublic records–Sealing of records
§ 23A-3-32 Effect of order of expungement
§ 23A-3-33 No time limitation for making application
§ 23A-3-34 Defendant’s public record–Automatic removal of non-felony charges or convictions–Case record available to authorized personnel–Use as enhancement
§ 23A-3-35 Eligibility of person placed in diversion program for expungement of record
§ 23A-3-36 Dismissal of charges and notice of completion of diversion
§ 23A-3-37 Expungement of record on filing of dismissal and notice
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 3 - (Rule 4.1) Arrest

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.