South Dakota statute
SDCL § 23A-36-7 — Hearing on obscenity of material seized--Return to owner if not obscene
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-36-7
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 a hearing pursuant to § 23A-36-6, evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such additional hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized.
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