This text of South Dakota § 40-2-7 (Enforcement by law enforcement officer or animal control officer--Powers.) 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.
Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1 . An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1 . An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1 , and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:
(1)The power to issue citations based on probable c
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Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1 . An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1 . An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1 , and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter: (1) The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1 ; (2) The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1 . An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation; (3) The power to carry protective devices, other than firearms, for personal protection; (4) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1 , and to seize evidence of those violations.