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2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 35 - (Rule 41) Search And Seizure
Section 23A-35-8 - Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.
Universal Citation: SD Codified L § 23A-35-8 (2021)
23A-35-8. Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.
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.
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