§ 23A-35-1 Definition of search warrant
§ 23A-35-2 (Rule 41(a)) Magistrate issuing warrant–Officer requesting
§ 23A-35-3 (Rule 41(b)) Property for which warrant may be issued
§ 23A-35-4 (Rule 41(c)(1)) Affidavits furnishing probable cause for warrant–Examination of witnesses by magistrate–Record of proceedings–Contents of warrant
§ 23A-35-4.1 Filing of affidavit–Sealing of affidavit
§ 23A-35-4.2 Electronic transmission of affidavit in support of search warrant–Issue of search warrant–Proof of magistrate’s signature
§ 23A-35-4.3 Search warrant for installation, use, and maintenance of tracking device
§ 23A-35-5 (Rule 41(c)(2)) Oral testimony as basis for warrant–Transcription, certification and filing with court
§ 23A-35-6 (Rule 41(c)(2)(A)) Grounds for warrant on oral testimony–Verbatim contents of warrant–Signature of duplicate by requesting officer–Preparation of original by magistrate
§ 23A-35-7 (Rule 41(c)(2)(B)) Return of warrant issued on oral testimony–Signature by person establishing grounds for issuance
§ 23A-35-8 Breaking in to execute warrant after refusal of admittance–Liberation of person executing warrant
§ 23A-35-9 Grounds for no-knock warrant–Powers of officer executing
§ 23A-35-10 (Rule 41(d)) Receipt and copy of warrant given to person from whom property taken–Inventory filed with return of warrant–Copies of inventory
§ 23A-35-11 (Rule 41(e)) Motion in circuit court for return of property illegally seized–Restoration of property–Treatment as motion to suppress evidence
§ 23A-35-12 (Rule 41(f)) Motion to suppress evidence in trial court
§ 23A-35-13 (Rule 41(g)) Papers filed with clerk of court by magistrate to whom warrant returned
§ 23A-35-14 (Rule 41(h)) Special provisions for search unimpaired–Property defined
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 35 - (Rule 41) Search and Seizure

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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
  • 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
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2