§ 23A-36-1 Determination by magistrate whether probable cause exists for search warrant–Notice ofhearing to person in possession
§ 23A-36-2 Hearing on search warrant for obscene material–Evidence received
§ 23A-36-3 Magistrate’s orders to prevent removal of material pending hearing
§ 23A-36-4 Hearing on obscenity or nonobscenity of material–Determination of probable cause forsearch warrant
§ 23A-36-5 Issuance of search warrant on finding of probable cause
§ 23A-36-6 Notice alleging nonobscenity of material seized–Time of hearing
§ 23A-36-7 Hearing on obscenity of material seized–Return to owner if not obscene
§ 23A-36-8 Expert testimony not required in obscenity hearing–Evidence of community standards
§ 23A-36-9 Verdict on obscenity of material seized
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 36 - Seizure and Disposition of Obscene Material

  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • 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.
  • 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.
  • Verdict: The decision of a petit jury or a judge.
  • Verdict: includes not only the verdict of a jury, but also the finding upon the facts of a judge, or of a referee appointed to determine the issues in a cause. See South Dakota Codified Laws 2-14-2