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South Dakota Warrant Search

The South Dakota Warrant Search tool is a valuable resource that allows the general public to access crucial information about warrants issued within the state. This tool serves as a means for individuals to remain well-informed about legal matters, enabling them to address any outstanding warrants associated with their name responsibly.

In South Dakota, a warrant refers to a legal document issued by magistrates and judges in South Dakota Unified Judicial System (SDUJS). 

These legal documents grant law enforcement officials the authority to carry out specific actions, such as making arrests or conducting searches at designated locations. They also function as legal directives that are instrumental in ensuring the proper functioning of the justice system while safeguarding the interests and well-being of the public.

According to the South Dakota Codified Laws (SDCL), warrants are integral to the state's court records. As a result, they are also public documents and subject to the same rules and regulations regarding disseminating information that governs court records.

By accessing this valuable information, citizens are empowered to take the necessary steps to address legal issues, including appearing in court or seeking professional advice from legal representatives.

However, certain limitations and restrictions surround the state's public disclosure of warrant information. In South Dakota, warrants that have not yet been executed, expunged records, or warrants connected to ongoing investigations are not made publicly available.

How Long Does a Warrant Stay Active in South Dakota?

When someone conducts a South Dakota Warrant Search and discovers an outstanding warrant against them, it becomes crucial for them to grasp the validity period of the warrant. It is because an outstanding warrant can significantly impact an individual's life in various ways.

In South Dakota, the duration of a warrant's validity can differ depending on the nature of the warrant and the circumstances surrounding its issuance.

Generally, arrest warrants and bench warrants remain active until law enforcement serves or executes them. In other words, once the person named on the document is arrested, the warrant is considered fulfilled and is no longer active.

On the other hand, search warrants are valid for ten days. During this time, law enforcement officers can search the specified property. The search warrant becomes invalid after the stipulated time frame expires, and law enforcement officials must discontinue any search activities.

What Are the Most Common Warrants in South Dakota?

Some of the most common warrant types that may appear during a South Dakota Warrant Search include:

South Dakota Arrest Warrants

Arrest warrants are the most common type encountered during a warrant search in South Dakota. They give law enforcement officers the power to arrest individuals believed to have committed a crime.

In South Dakota, arrest warrants contain essential information, such as the suspect's full name, driver's license number, address, a concise description of the alleged offense, and the judge or magistrate's signature.

To obtain a South Dakota arrest warrant, law enforcement officials must provide sworn evidence to a judge or magistrate to establish probable cause based on the available information.

The judge or magistrate carefully reviews the provided evidence, assessing its credibility and determining if it meets the required probable cause standard. If the evidence satisfies this criterion, the judge issues the arrest warrant.

Once the court issues the warrant, law enforcement officers can take the named individual into custody for the alleged offense. In cases where the warrant is for a felony, officers can execute it at any time, irrespective of whether they are present in the county that issued the warrant.

Arrest Without a Warrant in South Dakota

Like in any other state, law enforcement officers in South Dakota possess the authority to perform arrests without a warrant under specific circumstances.

According to section 23A-3-2.1 of the SDCL, officers can take immediate action to protect the public and prevent suspects from evading justice. In South Dakota, this section allows law enforcement officers to carry out warrantless arrests when serious offenses, such as stalking and domestic abuse, have been committed. 

The primary objective is to safeguard victims and prevent acts of abuse, stalking, or physical harm. By promptly apprehending individuals involved in these harmful activities, officers can ensure the immediate safety of those at risk.

Furthermore, in South Dakota, law enforcement officers are authorized to make warrantless arrests if an individual at least 18 years old has committed aggravated assault against their intimate partner within the preceding 48 hours. This provision acknowledges the gravity of violence within personal relationships and seeks to protect potential victims from further harm.

However, warrantless arrests in South Dakota require that law enforcement officers possess probable cause, meaning they must have reasonable grounds to believe that the person has committed the alleged offense. This requirement ensures that arrests are grounded for valid reasons.

Additionally, all warrantless arrests, including those permitted under section 23A-3-2.1, are subject to scrutiny and review to guarantee compliance with constitutional principles. These measures prevent potential abuses of power and ensure the preservation of individuals' rights.

South Dakota Search Warrants

South Dakota search warrants allow law enforcement officers to actively search a specific location or premises to gather evidence related to a criminal investigation.

These legal documents specify the exact premises and the items or information sought. They also include the name of the magistrate who issued the warrant, the date of issuance, and the specific ground of its issuance. 

However, section 23A-35-3 of the SDCL only allows the search and seizure of specific property types. Only contraband, evidence of a crime, or property intended for or used in a crime can be legally searched or seized. Other properties that do not fall into these categories are not eligible for searches. 

In South Dakota, a magistrate in the county where the property lies issues a search warrant upon request from a prosecuting officer or law enforcement officer.

The process of obtaining a search warrant in this state begins when the law enforcement officer applies to a magistrate. This application usually includes an affidavit that outlines the facts and circumstances supporting the belief that a crime has been committed.

The affidavit must provide detailed information and be supported by reliable sources, such as witness statements, expert opinions, or physical evidence. The magistrate carefully reviews the application and the accompanying affidavit to determine whether there is sufficient probable cause to issue the warrant.

Once issued, law enforcement officers can actively search the specified location within the parameters and timeframe outlined in the warrant. Officers are expected to conduct the search reasonably and must return the warrant to the court to report on the timeline and items seized after executing the search.

South Dakota Bench Warrants

When performing a South Dakota Warrant Search, people often encounter bench warrants. 

A bench warrant in South Dakota is an arrest warrant that originates from the judge or "bench" overseeing a criminal case or court order. Judges will issue a bench warrant when an individual under court jurisdiction fails to appear as legally required. The most common reason is a defendant missing a scheduled court hearing or trial date for their case. 

Other actions that may prompt South Dakota judges to issue bench warrants include refusal to pay a traffic citation, failure of a subpoenaed witness to testify, violating a restraining order, nonpayment of child support, or ignoring jury duty. 

Once issued, law enforcement officers can apprehend the specified individual at any given time and in any county, as defined in section 23A-39-5 of SDCL.

The served bench warrant remains active until the court addresses the underlying violation. Potential consequences for failing to resolve a bench warrant may include additional penalties, fines, or jail time. Promptly consulting an attorney to recall the warrant is advisable. 

What is Failure to Appear in South Dakota?

In South Dakota, section 23A-39-1 of the SDCL explicitly outlines that defendants must be present at critical stages of their legal case, including arraignment, pleading, trial, jury selection, verdict, and sentencing. If a defendant fails to appear at any of these proceedings, the court has the authority to issue a type of bench warrant known as Failure to Appear (FTA).

The court issues this legal document as an official notification that the person has violated their obligation to attend court. It grants law enforcement officers the authority to arrest the individual and bring them before the court to address their non-compliance.

In South Dakota, an FTA offense can be a misdemeanor or a felony, depending on the seriousness of the initial charge. If individuals fail to appear for a misdemeanor offense, their FTA is considered a Class 1 misdemeanor. But if they fail to appear for a felony offense, they will face a Class 6 felony.

In South Dakota, individuals must understand that having an FTA has legal consequences. Potential repercussions for an unresolved FTA may include fines, driver's license suspension, denial of admission into programs, arrest at traffic stops, rejection of loan or rental applications, and incarceration. 

The court may also proceed with the case in the defendant's absence resulting in unfavorable rulings. Thus, individuals with an FTA warrant must resolve it promptly by appearing in court as required to help reduce potential penalties and ensure a fair legal process.

What is Failure to Pay in South Dakota?

Failure to Pay (FTP) in South Dakota refers to when a defendant sentenced to pay fines, costs, or restitution defaults on making the required timely payments. Under South Dakota law, judges can impose jail time if a defendant fails to pay their court-ordered financial penalties.

Specifically, if an offender does not pay the fines, fees, or restitution mandated as part of their sentence, the court can require them to explain why they should not be incarcerated for nonpayment. 

The South Dakota Attorney General or the court, as outlined in section 23A-27-25.4 of SDCL, may issue a warrant, such as a bench warrant or some other kind of order, to bring the non-compliant defendant before the court.

At the hearing, the defendant must justify missing the payments to avoid being sentenced to serve time in jail. Reasons like financial hardship, disability, or rehab may be considered. But the defendant is responsible for adequately explaining the violation.

To address an FTP in South Dakota, individuals should consult with an attorney or legal professional who handles such matters. These professionals can guide how to navigate the situation, negotiate payment arrangements, or request modifications to the original court order if necessary.

How To Perform Warrant Search in South Dakota

Whether the goal is public safety or checking a particular individual, learning how to perform South Dakota Warrant Search for active warrants remains an essential process. And utilizing the proper techniques allows individuals to retrieve warrant details successfully. In South Dakota, below are the ways to perform a warrant search:

Online Court Records

In South Dakota, individuals can search for warrants through online court records. The SDUJS offers a user-friendly search portal on its website, allowing individuals to access criminal and protection order searches, including warrant records.

To utilize this method, individuals must visit the SDUJS website and follow simple steps. First, they must go to the website's homepage and locate the "EServices'' drop-down menu in the upper right corner. From there, they can choose "Public Access Record Search (PARS)" to access the search portal.

Once redirected to the portal, individuals will find disclaimer information to read and consider. They can then decide whether to log in or search as a guest.

To initiate a search using this portal, individuals interested in warrant records must provide the full name of the person in question, any known aliases, their birthdate, and the specific type of case they wish to search. 

Additionally, they must provide their contact information to receive the report electronically. If they opt for the "Search as a guest" option, they must also enter credit card information.

For inquiries regarding civil record searches or questions about civil and criminal record searches, including warrant records, interested individuals can contact the SDUJS via email.

South Dakota Department of Corrections

The South Dakota Department of Corrections (SDDOC) is another resource for finding warrants in South Dakota. They offer a Most Wanted List on their websites, which enables the public to access information about wanted individuals in the state, including parole absconders and escapees.

Background Searches

Another way to perform a warrant search in South Dakota is by conducting a background search.

The South Dakota Division of Criminal Investigations (DCI), specifically the Identification Section, lets the public carry out state-only and state/FBI background checks. These checks provide access to criminal records, including warrants. To start these background searches, individuals must follow the specific guidelines for each method outlined by DCI.

U.S. Marshals Service

Interested individuals may also perform a search warrant in South Dakota by contacting the state's task force division of the U.S. Marshals Service. This division searches and apprehends escapees on federal or state warrants.

County Websites

In South Dakota, individuals can also conduct a warrant search by visiting the different county websites that publish records of warrants. Several counties, such as Pennington County and  Clay County, provide this service.

Counties in South Dakota