South Dakota § 23A-36-4 Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant.

South Dakota Statutes

§ 23A-36-4 — Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant.

South Dakota § 23A-36-4

Title 23ACRIMINAL PROCEDURE

Ch. 23A-36SEIZURE AND DISPOSITION OF OBSCENE MATERIAL

This text of South Dakota § 23A-36-4 (Hearing on obscenity or nonobscenity of material--Determination of probable cause for search 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-36-4 (2026).

Text

At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to be seized or claiming ownership of or interest in the matter an opportunity to be heard as to the obscenity or nonobscenity of the matter. At the close of the hearing, the magistrate shall make a determination of whether probable cause exists to believe that the matter is obscene or nonobscene and shall determine if probable cause exists for the immediate issuance of a search warrant for its seizure.

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At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to be seized or claiming ownership of or interest in the matter an opportunity to be heard as to the obscenity or nonobscenity of the matter. At the close of the hearing, the magistrate shall make a determination of whether probable cause exists to believe that the matter is obscene or nonobscene and shall determine if probable cause exists for the immediate issuance of a search warrant for its seizure.