Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-36: SEIZURE AND DISPOSITION OF OBSCENE MATERIAL/§ 23A-36-5
South Dakota Statutes

§ 23A-36-5 — Issuance of search warrant on finding of probable cause.

South Dakota § 23A-36-5
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-36SEIZURE AND DISPOSITION OF OBSCENE MATERIAL

This text of South Dakota § 23A-36-5 (Issuance of search warrant on finding of probable cause.) 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-36-5 (2026).

Text

If the magistrate finds that probable cause exists to believe that the matter is obscene and that probable cause exists for the immediate issuance of a search warrant, then he shall issue a search warrant ordering the seizure of the matter described in the affidavit for a search warrant.

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Legislative History

SL 1974, ch 165, § 12; SDCL Supp, § 22-24-44; SL 1978, ch 178, § 456.

Nearby Sections

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§ 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-36-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-36-5.