Arrest Warrant Guide

South Dakota Arrest Warrants

Arrest warrants are legal documents that allow law enforcement officers to take a specifically named individual into police custody. This kind of warrant does not expire and allows officers to search wherever there is suspicion that the individual may be. This often is the residence or employment facility of the individual.

Individuals cannot be arrested without warrants unless a police officer witnesses the offense and other specific cases can apply. Arrest warrants also include bench warrants. Bench warrants are issued when an individual does not appear at his or her assigned court date after being released on bail. The presiding judge may then issue a warrant of arrest.

Types of Warrants
Bench warrants are viewed as more severe than ordinary arrest warrants because the individual named has previously been arrested. When an individual is brought before the court under a bench warrant he or she can earn addition charges for evading the court and forfeiture of his or her bail.

Search warrants are comparable to arrest warrants, though they expire after the designated time period. Search warrants are issued when there is a suspicion of evidence. This kind of warrant will specifically name the sought after commodity and the place in which to be searched. Police officers have a right, with an issued warrant, to enter a residence and search. However if other evidence is discovered that is not outlined in the warrant and not in plain sight, the commodity cannot be seized, whereas listed evidence can.

Issuing
Arrest warrants are issued through complaints to a magistrate or judge. Complaints are either by police officials or criminal defense attorneys. After a complaint is made a statement is written including the name of the individual and the offense for which he or she is being charged. All complaints and statements are required under South Dakota law to be signed under oath. Arrest warrants are issued only when there is probable cause of a crime. Having suspicion of an offense will not produce a warrant issuance.

Arrests
South Dakota law does not require the warrant to be physically present at the time of the arrest, though a warrant needs to be previously issued. If requested the arresting officer must produce the physical warrant at the soonest allowance. When an arrest is made an officer is lawfully required to state that there is an outstanding warrant.

Law enforcement officers are also required to state their presence and knock before entering a residence. If there is probable reasoning that the individual will endanger him or herself, others, the law enforcement officers, or evidence, the officers may use force to enter the residence. Force is only lawful through the breaking of doors and windows and only when necessary.

Warrant Searching
Because individual may have outstanding warrants of arrest without knowledge, various Internet sites allow citizens to search for outstanding warrants of arrest. These kinds of websites also allow safety insurance for United States citizens. Each state, including South Dakota, has specific sections for that state. Many of these sites provide search engines without fees and allow searching via county and city.



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