South Dakota Statutes
§ 23A-35-8 — Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.
South Dakota § 23A-35-8
This text of South Dakota § 23A-35-8 (Breaking in to execute warrant after refusal of admittance--Liberation of person executing 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-35-8 (2026).
Text
The officer executing a search warrant may break open any building, structure, or container or anything therein to execute the warrant if, after giving notice of his authority and purpose, he is refused admittance. An officer executing a search warrant may break open any building, structure, or container or anything therein for the purpose of liberating a person who, having entered to aid him in the execution of a warrant, is detained therein, or when necessary for his own liberation.
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Related
State v. Miskimins
435 N.W.2d 217 (South Dakota Supreme Court, 1989)
State v. Iverson
364 N.W.2d 518 (South Dakota Supreme Court, 1985)
State v. Steingraber
296 N.W.2d 543 (South Dakota Supreme Court, 1980)
Swedlund v. Foster
2003 SD 8 (South Dakota Supreme Court, 2003)
Legislative History
SDC 1939 & Supp 1960, § 34.1107; SDCL, §§ 23-15-14, 23-15-15; SL 1978, ch 178, § 445.
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-35-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-35-8.