South Dakota § 23-1A-7 Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.

South Dakota Statutes

§ 23-1A-7 — Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.

South Dakota § 23-1A-7

Title 23LAW ENFORCEMENT

Ch. 23-1PETTY OFFENSE PROCEDURE

This text of South Dakota § 23-1A-7 (Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23-1A-7 (2026).

Text

A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10 . Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.

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A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10 . Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.