2011 South Dakota Code
Title 23 LAW ENFORCEMENT
Chapter 01A. Petty Offense Procedure
§23-1A-7 Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.


SD Codified L § 23-1A-7 (through 2011) What's This?

23-1A-7. Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense. A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10. Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.

Source: SL 1977, ch 193, § 5; SL 1984, ch 12, § 17.

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