§ 23A-35A-1 Definition of terms
§ 23A-35A-2 Authorization or approval for interception of communications
§ 23A-35A-3 Authority of attorney general or state’s attorney to apply for order for interception of communications
§ 23A-35A-4 Application to intercept communications–Form and contents
§ 23A-35A-5 Circuit judge to authorize interception
§ 23A-35A-6 Ex parte order authorizing wiretapping or eavesdropping–Probable cause required for entry
§ 23A-35A-7 Contents of order
§ 23A-35A-8 Cooperation and technical assistance required of carriers, landlords, and others–Compensation
§ 23A-35A-9 Progress reports to issuing judge
§ 23A-35A-10 Duration of order–Extensions
§ 23A-35A-11 Authority for eavesdropping–Retention of orders and papers by applicant–Copy of order retained by judge
§ 23A-35A-12 Sealing of applications and orders–Custody–Disclosure for good cause
§ 23A-35A-13 Recording of intercepted communications if possible–Sealing of recordings
§ 23A-35A-14 Disclosures to interested parties–Inspection of intercepted communications, application, or order–Postponement of notice
§ 23A-35A-15 Disclosure of contents of intercepted communications among investigative or law enforcement officers
§ 23A-35A-16 Appropriate use of contents of intercepted communication by investigative or law enforcement officer
§ 23A-35A-17 Disclosure of contents of intercepted communication in court or grand jury proceeding
§ 23A-35A-18 Interception of communications relating to offenses other than specified in order–Use of contents
§ 23A-35A-19 Privileged communications
§ 23A-35A-20 Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony
§ 23A-35A-21 Exemptions from chapter
§ 23A-35A-22 Use of pen register or trap and trace device without court order prohibited–Violation as misdemeanor
§ 23A-35A-23 Application of prohibition to provider of wire or electronic communication service
§ 23A-35A-24 Application for order authorizing use of pen register or trap and trace device
§ 23A-35A-25 Contents of application
§ 23A-35A-26 Issuance of ex parte order authorizing use of pen register or trap and trace device
§ 23A-35A-27 Contents of ex parte order authorizing use of pen register or trap and trace device
§ 23A-35A-28 Time limitation on use of pen register or trap and trace device–Extension
§ 23A-35A-29 Order sealed–Disclosure of existence of pen register or trap and trace device prohibited
§ 23A-35A-30 Persons required to assist installation of pen register
§ 23A-35A-31 Installation of trap and trace device–Assistance–Results given to law enforcement officer
§ 23A-35A-32 Reasonable compensation for assistance
§ 23A-35A-33 Persons providing assistance immune
§ 23A-35A-34 Good faith reliance on court order as complete defense
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 35A - Interception of Wire, Electronic, or Oral Communications

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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: 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.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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