South Dakota Statutes

§ 23A-3-3 — Citizen's arrest.

South Dakota § 23A-3-3

JurisdictionSouth Dakota

Title 23ACRIMINAL PROCEDURE

Ch. 23A-2(RULE 4.1) ARREST

This text of South Dakota § 23A-3-3 (Citizen's arrest.) 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-3-3 (2026).

Text

Any person may arrest another:

(1)For a public offense, other than a petty offense, committed or attempted in his presence; or (2) For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.

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Related

State v. Weatherford

416 N.W.2d 47 (South Dakota Supreme Court, 1987)

38 case citations

People in Interest of RR

447 N.W.2d 922 (South Dakota Supreme Court, 1989)

14 case citations

State v. Ludemann

2010 SD 9 (South Dakota Supreme Court, 2010)

11 case citations

State v. Davidson

479 N.W.2d 513 (South Dakota Supreme Court, 1992)

4 case citations

2017 SD 28 (South Dakota Supreme Court, 2017)

Legislative History

SDC 1939 & Supp 1960, § 34.1608; SDCL, § 23-22-14; SL 1978, ch 178, § 16.

Nearby Sections

15

§ 23A-1-1

(Rule 1) Proceedings governed by title.

§ 23A-1-2

(Rule 2) Purposes of title--Construction.

§ 23A-10-2

Form of plea raising defense.

§ 23A-10-3

(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

§ 23A-10-4

(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

§ 23A-10-5

(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

§ 23A-10-6

Mistrial when defense raised without pleading--Subsequent trial.

§ 23A-10-7

Independent psychiatric examination--Court approval--Notice--Cost.

§ 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.

§ 23A-10A-16

Time in approved facility credited to term of imprisonment.

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Bluebook (online)

South Dakota § 23A-3-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-3-3.