South Dakota statute
SDCL § 23A-35A-6 — Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 35A: Interception Of Wire, Electronic, Or Oral Communications, South Dakota Codified Laws.
Full text of SDCL § 23A-35A-6
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.
Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if the judge determines based on the facts submitted by the applicant that:
(1) There is probable cause to believe that a person is committing, has committed, or is about to commit a particular crime pursuant to § 23A-35A-2;
(2) There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;
(3) Normal investigative procedures have been tried and have failed, reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and
(4) There is probable cause to believe that the facilities from which or the place where the wire, electronic, or oral communications are to be used, in connection with the commission of the offense, or are leased to, listed in the name of or commonly used by the person.
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This reference is informational and is not legal advice.