{"data":{"id":"us-sd/sdcl-40-2-7","jurisdiction":"us-sd","citation":"SDCL § 40-2-7","heading":"Enforcement by law enforcement officer or animal control officer--Powers.","body":"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:\n(1) The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1;\n(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;\n(3) The power to carry protective devices, other than firearms, for personal protection;\n(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.","path":["TITLE 40. ANIMALS AND LIVESTOCK","CHAPTER 40-2. HUMANE SOCIETIES"],"source_url":"https://sdlegislature.gov/Statutes/40-2-7","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"e352a292f7971a12ce99576545dcee63670884260e6690330e81fc5a3c1ec354","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-40-2-6","next":"us-sd/sdcl-40-2-8"},"notice":"GroundRules: Original legal text. Not legal advice."}
