South Dakota statute
SDCL § 23A-36-4 — Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant
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-36-4
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.
At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to be seized or claiming ownership of or interest in the matter an opportunity to be heard as to the obscenity or nonobscenity of the matter. At the close of the hearing, the magistrate shall make a determination of whether probable cause exists to believe that the matter is obscene or nonobscene and shall determine if probable cause exists for the immediate issuance of a search warrant for its seizure.
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