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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-35-8: Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-35. (RULE 41) SEARCH AND SEIZURE

The officer executing a search warrant may break open any building, structure, or container or anything therein to execute the warrant if, after giving notice of his authority and purpose, he is refused admittance. An officer executing a search warrant may break open any building, structure, or container or anything therein for the purpose of liberating a person who, having entered to aid him in the execution of a warrant, is detained therein, or when necessary for his own liberation.

Source: SDC 1939 & Supp 1960, § 34.1107; SDCL, §§ 23-15-14, 23-15-15; SL 1978, ch 178, § 445.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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