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·Title 23 LAW ENFORCEMENT·Ch. 23-1 PETTY OFFENSE PROCEDURE

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.

South Dakota § 23-1A-7 (Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.