Police officers in the state of South Dakota do not need an arrest warrant to place a person under arrest if they determine that there is probable cause to indicate that the individual is engaged in criminal activity.
Police can arrest without a warrant if:
- They actually see the person committing a crime
- An eyewitness points the offender out and states that they committed a crime
- The defendant runs from police at any time
Although not all circumstances require an arrest warrant, when the police have a valid warrant for the arrest of an individual, they can place the person under arrest and transport them to jail at any time.
With a warrant, police can:
- Enter the suspect’s residence and search for the defendant
- Invade the defendant’s place of business
- Arrest the defendant in a public place such as a bar or restaurant
If you believe that you or somebody that you know has a warrant, we recommend that you do a South Dakota warrant search to know for sure so that you can take action on your own terms.
Active Warrants in South Dakota
The definition of an active warrant is when a warrant that has been issued upon a person has not yet been executed. This means that a court order that has been signed by a judge is yet to be completed.
The warrant will remain active in status until the orders within it have been carried out. Arrest warrants and bench warrants do not expire or go away with time.
An active warrant, also known as an outstanding warrant, will remain in effect unless:
- The warrant is executed
- The person named in the warrant dies
- A judge physically clears the warrant with a signature
Depending on the type of warrant that has been issued law enforcement officials will handle each warrant as it is ordered by the judge. Some warrants may order that the individual named on it shall be arrested, other warrants will order a search of the person’s property.
Types of Warrants in South Dakota
The types of warrants that can be issued towards an individual in the United States vary from civil warrants to federal criminal warrants. In the state of South Dakota, the most common types of warrants that come into action throughout the criminal court system are:
- Bench warrants
- Search warrants
- Arrest warrants
Each of these types of warrants is the result of a criminal act, but they are based on varying factors that depend on the origin of the warrant and the action that should be taken in order to execute it.
Warrant Records Search
Bench Warrants in South Dakota
Out of all of the different types of warrants, the bench warrant is the most widely used. This type of warrant is created and signed into effect directly from the judge while on the bench of the courtroom.
A bench warrant is a type of arrest warrant, but it is for defendants that have failed to comply with a court order as opposed to defendants that have committed a criminal offense.
The judge will issue a bench warrant, in most cases, when a defendant fails to appear at a court date that they were ordered to show up for. Although failure to appear is one of the most common reasons for bench warrants, some other common reasons are:
- Failure to appear for a jury duty summons
- Failure to report to a sentence such as work detail
- Failure to pay off a fine in a specified amount of time
Many of the people that are issued bench warrants do not even realize that the warrant exists. They learn the hard way when the police pull them over for a random traffic stop, then take them to jail.
Search Warrants in South Dakota
When a judge issues a search warrant it is because a law enforcement official showed that there is probable cause that the person named in the warrant is guilty of committing a crime or has evidence that will incriminate themselves, or another person.
A search warrant will allow police officers to search the personal property and the body of the person named in the warrant in order to locate and identify items of relevance to show to the court when it is time for trial.
Officers will search for items such as:
- Drugs, scales, money
- Firearms, ammunition, other weapons
- Files and photos containing child pornography
The laws when it comes to search warrants and the searching of civilian property are pretty straightforward. When police conduct searches they must do it by the book and in line with what the warrant specifies. If law enforcement conducts the search in a manner that can be considered illegal, all of the evidence that they find during the search can be suppressed.
The search warrant will specify the name of the person, or a description of the person if the name is not known. In addition to identification, the warrant will specify where the search can be conducted and what the officers will be looking for.
If the law enforcement officers locate incriminating evidence during the search, they can arrest and detain the person named in the warrant, and allow the DA to file official charges.
Arrest Warrants in South Dakota
The typical issuance of an arrest warrant will include the process of a district attorney officially filing criminal charges against the defendant.
Some reasons why an arrest warrant could be issued are:
- Investigators discovered evidence that the defendant committed a crime
- Law enforcement witnessed the crime, but the defendant ran away
- Eyewitnesses came forth and filed a complaint against the defendant
Once the district attorney officially files criminal charges against the defendant, the next step will be to approach the judge and request that they issue a warrant for the arrest of the defendant.
Law enforcement can also request that an arrest warrant be issued against an individual in the event of an emergency. For example, if a person becomes a threat to the safety of others during times when the court is not officially in service, police can contact a judge after hours and request an arrest warrant. Situations that deem an emergency warrant are when police need a warrant:
- During the weekend
- During a holiday break
- During nights
In this case, the arrest warrant is issued, but there are no charges officially filed against the person. However, the authorities will be able to place the individual under arrest and put them in jail as long as the person gets in front of the judge within 24 business hours.
Just because a person has a warrant and gets arrested for the charges they have been accused of does not mean that the person is guilty of that crime. In order for a person to be considered guilty of a crime, they have to be found guilty in a court of law.
Benefits of Regular Warrant Searches
Not everybody is aware that they have a warrant out for their arrest. In the event that a person gets pulled over by the police and they have an active warrant out for them the police can legally place them under arrest and take them to jail. If a person is aware that they have a warrant they can deal with it before they come into police contact. Conducting regular warrant searches gives an individual the power of knowledge and information. Avoid going to jail as the result of an unexpected arrest.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.