South Dakota Statutes
§ 23A-3-2 — Law enforcement officer's power to arrest without warrant.
South Dakota § 23A-3-2
This text of South Dakota § 23A-3-2 (Law enforcement officer's power to arrest without warrant.) 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 § 23A-3-2 (2026).
Text
A law enforcement officer may, without a warrant, arrest a person:
(1)For a public offense, other than a petty offense, committed or attempted in his presence; or (2) Upon probable cause that a felony or Class 1 misdemeanor has been committed and the person arrested committed it, although not in the officer's presence.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
State v. Hess
2004 SD 60 (South Dakota Supreme Court, 2004)
State v. Baysinger
470 N.W.2d 840 (South Dakota Supreme Court, 1991)
Heib v. Lehrkamp
2005 SD 98 (South Dakota Supreme Court, 2005)
Darrow v. Schumacher
495 N.W.2d 511 (South Dakota Supreme Court, 1993)
State v. Fischer
2016 SD 1 (South Dakota Supreme Court, 2016)
State v. Smith
2014 SD 50 (South Dakota Supreme Court, 2014)
Swedlund v. Foster
2003 SD 8 (South Dakota Supreme Court, 2003)
State v. Bennett
295 N.W.2d 5 (South Dakota Supreme Court, 1980)
State v. Ludemann
2010 SD 9 (South Dakota Supreme Court, 2010)
State v. Diaz
2014 SD 27 (South Dakota Supreme Court, 2014)
State v. James
286 N.W.2d 534 (South Dakota Supreme Court, 1979)
State v. Vocu
2000 SD 109 (South Dakota Supreme Court, 2000)
State v. Davidson
479 N.W.2d 513 (South Dakota Supreme Court, 1992)
United States v. Jose Isaias Maza
93 F.3d 1390 (Eighth Circuit, 1996)
Brown v. Haupert
(D. South Dakota, 2023)
Gunn v. Stearns
(D. South Dakota, 2025)
Lipsky v. Cronin
(D. South Dakota, 2023)
Stanko v. State of South Dakota
(D. South Dakota, 2020)
State v. Lee
2017 SD 28 (South Dakota Supreme Court, 2017)
United States v. Jose Isaias Maza, Also Known as Joe, United States of America v. Richard Anthony Leiphardt, Also Known as Tony, United States of America v. Jeffrey Douglas Walker, United States of America v. Richard Anthony Leiphardt, Also Known as Tony Jeffrey Douglas Walker
93 F.3d 1390 (Eighth Circuit, 1996)
Legislative History
SDC 1939 & Supp 1960, § 34.1609; SDCL, § 23-22-7; SL 1978, ch 178, § 15; SL 1979, ch 159, § 1.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 23A-3-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-3-2.