South Dakota statute
SDCL § 23A-35-5 — (Rule 41(c)(2)) Oral testimony as basis for warrant--Transcription, certification and filing with court
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 35: (Rule 41) Search And Seizure, South Dakota Codified Laws.
Full text of SDCL § 23A-35-5
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.
When circumstances make it reasonable to do so in the absence of a written affidavit, a search warrant may be issued upon sworn oral testimony of a person who is not in the physical presence of a committing magistrate if the committing magistrate is satisfied that probable cause exists for the issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by telephone or other appropriate means and shall be recorded and transcribed. After transcription the statement must be certified by the magistrate and filed with the court. This statement shall be deemed to be an affidavit for purposes of § 23A-35-4.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.