South Dakota Statutes
§ 23A-4-1 — Arrested person taken before magistrate--Complaint filed on arrest without warrant.
A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate. Any person, other than a law enforcement officer, making an arrest shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate or deliver him to the nearest available law enforcement officer. If a person arrested without a warrant is brought before a committing magistrate, a complaint shall be filed forthwith. Unless given a court appearance date and released from custody, a person, arrested with or without a warrant or given a summons, shall appear initially before a committing magistrate in person or via ITV, without unnecessary delay, at which time the committing magistrate shall proceed in accordance w
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South Dakota § 23A-4-1 (Arrested person taken before magistrate--Complaint filed on arrest without warrant.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Lohnes
324 N.W.2d 409 (South Dakota Supreme Court, 1982)
State v. Stuck
434 N.W.2d 43 (South Dakota Supreme Court, 1988)
State v. Weatherford
416 N.W.2d 47 (South Dakota Supreme Court, 1987)
State v. Owen
2007 SD 21 (South Dakota Supreme Court, 2007)
People in Interest of RR
447 N.W.2d 922 (South Dakota Supreme Court, 1989)
State v. Sorensen
1999 SD 84 (South Dakota Supreme Court, 1999)
State v. Hetzel
1999 SD 86 (South Dakota Supreme Court, 1999)
State v. Davidson
479 N.W.2d 513 (South Dakota Supreme Court, 1992)
State v. Larson
2009 SD 107 (South Dakota Supreme Court, 2009)
State v. Lee
2017 SD 28 (South Dakota Supreme Court, 2017)
State v. Sorenson
1999 SD 84 (South Dakota Supreme Court, 1999)
Legislative History
SDC 1939 & Supp 1960, §§ 34.1608, 34.1619, 34.1620; SDCL §§ 23-22-16, 23-22-20, 23-22-22; SL 1978, ch 178, § 36; SL 1989, ch 209; SL 1990, ch 174; SL 2018, ch 301 (Supreme Court Rule 18-10), eff. July 1, 2018.
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.