South Dakota § 23A-49-8 Seizure of property without court process.

South Dakota Statutes

§ 23A-49-8 — Seizure of property without court process.

South Dakota § 23A-49-8

Title 23ACRIMINAL PROCEDURE

Ch. 23ACIVIL FORFEITURE FOR CRIME

This text of South Dakota § 23A-49-8 (Seizure of property without court process.) 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-49-8 (2026).

Text

The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if:

(1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;

(2)The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;

(3)The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in § 23A-49-20 .

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The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if: (1) The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; (3) The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in § 23A-49-20 .