South Dakota § 23A-36-7 Hearing on obscenity of material seized--Return to owner if not obscene.

South Dakota Statutes

§ 23A-36-7 — Hearing on obscenity of material seized--Return to owner if not obscene.

South Dakota § 23A-36-7

Title 23ACRIMINAL PROCEDURE

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

This text of South Dakota § 23A-36-7 (Hearing on obscenity of material seized--Return to owner if not obscene.) 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-36-7 (2026).

Text

At a hearing pursuant to § 23A-36-6 , evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such additional hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized.

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At a hearing pursuant to § 23A-36-6 , evidence may be presented as to the obscenity or nonobscenity of the matter seized and at the conclusion of such additional hearing, the magistrate shall make a further determination of whether probable cause exists to believe that the matter is obscene or nonobscene. If at such hearing the magistrate finds that no probable cause exists to believe that the matter is obscene, then the matter shall be returned to the person or persons from whom it was seized.