South Dakota Statutes
§ 23A-37-15 — Notice to defendant of return--Motion not to release.
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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South Dakota § 23A-37-15 (Notice to defendant of return--Motion not to release.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Moran
2003 SD 14 (South Dakota Supreme Court, 2003)
State v. Arguello
502 N.W.2d 548 (South Dakota Supreme Court, 1993)
State v. Bousum
2003 SD 58 (South Dakota Supreme Court, 2003)
State v. Quist
2018 SD 30 (South Dakota Supreme Court, 2018)
State v. Zephier
949 N.W.2d 560 (South Dakota Supreme Court, 2020)
Legislative History
SL 1985, ch 198, § 2.
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.