South Dakota statute
SDCL § 23-1A-7 — Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 1A: Petty Offense Procedure, South Dakota Codified Laws.
Full text of SDCL § 23-1A-7
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10. Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.
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