South Dakota statute
SDCL § 23A-3-5 — Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 3: (Rule 4.1) Arrest, South Dakota Codified Laws.
Full text of SDCL § 23A-3-5
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.
An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary to effect the arrest. Any person making an arrest may take from the arrested person all dangerous weapons and property as defined in § 23A-35-3 which the arrested person may have about his person.
Any law enforcement officer having authority to make an arrest may break open an outer or inner door or window of a dwelling house or other structure for the purpose of making the arrest if, after giving reasonable notice of his intention, he is refused admittance, and if:
(1) The law enforcement officer has obtained an arrest warrant; or
(2) Exigent circumstances justify a warrantless arrest.
Official sources
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