State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-03 > Statute-23a-3-2-1

23A-3-2.1. Circumstances permitting warrantless arrests. Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, any person, without a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe that:
(1) An order has been issued under chapter 25-10 protecting the victim and the terms of the order prohibiting acts or threats of abuse or excluding the person from a residence have been violated; or
(2) An order has been issued under chapter 22-19A protecting the victim and the terms of the order prohibiting acts of stalking or physical injury have been violated; or
(3) The person is eighteen years or older and within the preceding forty-eight hours has assaulted:
(a) That person's spouse;
(b) That person's former spouse;
(c) The mother or father of that person's child; or
(d) Any person eighteen years of age or older with whom that person resides or has formerly resided;
and the officer believes:
(a) An aggravated assault has occurred;
(b) An assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or
(c) An attempt by physical menace has been made to put another in fear of imminent serious bodily harm.

Source: SL 1989, ch 207, § 1; SL 1996, ch 153; SL 1998, ch 146, § 1; SL 2001, ch 119, § 1; SL 2006, ch 134, § 1.