Information pertaining to the complaint that needs to be filed before a pre –warrant hearing is held is given in South Dakota Laws 23A-2-1. Rule 3 of this section describes the complaint filed by the affiant as a written affirmation which brings before the judiciary essential facts about the case that constitute an offense charge.
This complaint has to be signed by an affiant who is authorized to administer and file accusatory instruments in the state of South Dakota. Rule 4 (a) through 4 (d) of SD Laws Chapter 23A, Title 2 deal with information pertaining to how and when these processes are released, ascertainment of probable cause and the service of active warrants.
Rule 4 (a) – The issue of warrants and summons: Pursuant to this law, arrest warrants are to be exclusively released on the basis of sworn declarations or witness testimony rendered under oath. Before warrants for arrests are issued, the sitting magistrate is legally obligated to establish the existence of probable cause to hold the person against whom the warrant is sought, responsible for the crime mentioned in the complaint. Such an order can also be issued on the sole basis of testimony conveyed to the court by means of electronic communication.
If the prosecution so requests, a summons may be issued in lieu of a warrant. However, if this judicial directive is disobeyed, the court can issue a warrant for the arrest of the alleged offender. It is further stated that more than one legal process including warrants for arrests, summons and search warrants may be issued on the basis of one compliant.
Rule 4(b): The evidence needed to establish probable cause: The finding on probable cause can be based on evidence that is hearsay in whole or part. However, depending on the nature of the crime and the proof brought before the magistrate, the judicial officer may require that non-hearsay evidence also be submitted prior to the issue of an active warrant.
Rule 4(c)(1): Form of arrest warrants: In accordance with this section of the penal code, all South Dakota active warrants are to have information on the person to be arrested including his name, address, physical description, social security and driver’s license numbers and details on the charges being brought against him.
All warrants are also supposed to have a clear order that places the responsibility of executing the warrant on law enforcement officials. Apart from this, all conditions for detention as well as release will be stated in the warrant and the document will have the signature of the magistrate who issued the order along with the place and time of its release.
Rule 4(d)(1): The execution of a warrant: Orders for arrests are expected to be served by all law enforcement agents who are authorized to do so. While this section should not be construed as an attempt to extend the territorial jurisdiction of a law enforcement agency or its deputies, police officers can cross county and state borders when trying to apprehend an accused who is being charged in a felony.
SD Laws 23A-2-10: Time of warrant execution: A warrant issued in a felony can be executed at any time of the day or night and even outside the geographical bounds of the county in which it was released. In contrast, bench warrants and orders for detention issued in misdemeanor cases shall not be executed at night unless this has been authorized by the magistrate.
South Dakota Crime history information including arrest records and outstanding warrants can be accessed for a charge of $15 through the Union County Clerk of Court’s office. This is a name based search and you can initiate it by sending information about your subject to the office of the county clerk at 209 East Main, Suite 230, Elk Point, SD 57025-2327 or the State Court Administrator’s Office, 500 East Capitol Avenue, Pierre, SD 57501.
It is also possible to access court records online through the website of the judiciary which is available at http://www.sdjudicial.com/Self_Help_Center/recordsearch.aspx. Because you are essentially getting a search done through the court dockets database, you can also access civil case information against the subject if needed. Another way to get a warrant search done is to simply look at the most wanted list posted at the local police precinct.
A background report can be procured through the South Dakota Division of Criminal investigations as well. However, this is a finger print based inquiry, so while it works well when you need a personal crime history report, if you are looking for details on third parties, you will need a signed consent form to get the warrant search done.
This inquiry is charged at $24 and you will need to send in the form given on http://dci.sd.gov/administration/id/cch.htmwith your check to initiate the inquiry. You will need to mail this to the Criminal Justice Division Identification Section, 1302 E. Hwy 14, Suite 5, Pierre, SD 57501.