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South Dakota statute

SDCL § 23A-35-8 — Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant

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-35-8

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.

SDCL § 23A-35-8Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
The officer executing a search warrant may break open any building, structure, or container or anything therein to execute the warrant if, after giving notice of his authority and purpose, he is refused admittance. An officer executing a search warrant may break open any building, structure, or container or anything therein for the purpose of liberating a person who, having entered to aid him in the execution of a warrant, is detained therein, or when necessary for his own liberation.

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This reference is informational and is not legal advice.