South Dakota statute
SDCL § 23A-36-1 — Determination by magistrate whether probable cause exists for search warrant--Notice of hearing to person in possession
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 36: Seizure And Disposition Of Obscene Material, South Dakota Codified Laws.
Full text of SDCL § 23A-36-1
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 the filing of an affidavit for a search warrant to search for obscene material, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he deems necessary, if probable cause exists for a hearing upon the question of the issuance of a search warrant. If the magistrate determines that probable cause exists for a hearing, he shall issue notice to the person or persons in possession of the matter, setting a time and place for a hearing to determine if a search warrant shall issue.
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