South Dakota § 23A-37-8 Conditions for release of seized property to owner.

South Dakota Statutes

§ 23A-37-8 — Conditions for release of seized property to owner.

South Dakota § 23A-37-8

Title 23ACRIMINAL PROCEDURE

Ch. 23A-36DISPOSITION OF SEIZED PROPERTY

This text of South Dakota § 23A-37-8 (Conditions for release of seized property to owner.) 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-37-8 (2026).

Text

The court shall release all property to its rightful owner, if:

(1)The owner is not prohibited by law from possessing such property;

(2)The property is not needed as evidence in any judicial proceeding;

(3)Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence. Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence.

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The court shall release all property to its rightful owner, if: (1) The owner is not prohibited by law from possessing such property; (2) The property is not needed as evidence in any judicial proceeding; (3) Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence. Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence.

Legislative History

CCrimP 1877, §§ 539 to 541; CL 1887, §§ 7590 to 7592; RCCrimP 1903, §§ 571 to 573; RC 1919, §§ 4648 to 4650; SDC 1939 & Supp 1960, § 34.0603; SDCL § 23-16-3; SL 1978, ch 178, § 468; SL 1983, ch 189; SL 2014, ch 117, § 1.