South Dakota § 23A-37-4 Application for return of property to person with right to possession.

South Dakota Statutes

§ 23A-37-4 — Application for return of property to person with right to possession.

South Dakota § 23A-37-4

Title 23ACRIMINAL PROCEDURE

Ch. 23A-36DISPOSITION OF SEIZED PROPERTY

This text of South Dakota § 23A-37-4 (Application for return of property to person with right to possession.) 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-37-4 (2026).

Text

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held. An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner.

Free access — add to your briefcase to read the full text and ask questions with AI

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held. An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner.