South Dakota § 23A-37-15 Notice to defendant of return--Motion not to release.

South Dakota Statutes

§ 23A-37-15 — Notice to defendant of return--Motion not to release.

South Dakota § 23A-37-15

Title 23ACRIMINAL PROCEDURE

Ch. 23A-36DISPOSITION OF SEIZED PROPERTY

This text of South Dakota § 23A-37-15 (Notice to defendant of return--Motion not to release.) 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-37-15 (2026).

Text

Before any property is returned to the owner pursuant to § 23A-37-14 , the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner.

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Before any property is returned to the owner pursuant to § 23A-37-14 , the law enforcement personnel in possession of the property shall notify the defendant that the property will be returned to the owner. Upon a motion made by the defendant and upon good cause shown that the property contains exculpatory evidence of the defendant's innocence, the court may order the law enforcement personnel in possession of the property not to release it to the owner.