South Dakota § 23A-3-5 - Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.
Full text of South Dakota South Dakota Codified Laws § 23A-3-5 — Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest., with citation guidance and answers to common questions.
§ 23A-3-5. Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.
An arrest is made by an actual or attempted restraint of the person arrested or by his submission to the custody of the person making the arrest. No person shall subject an arrested person to more physical restraint than is reasonably necessary to effect the arrest. Any person making an arrest may take from the arrested person all dangerous weapons and property as defined in § 23A-35-3 which the arrested person may have about his person.
Any law enforcement officer having authority to make an arrest may break open an outer or inner door or window of a dwelling house or other structure for the purpose of making the arrest if, after giving reasonable notice of his intention, he is refused admittance, and if:
(1) The law enforcement officer has obtained an arrest warrant; or
(2) Exigent circumstances justify a warrantless arrest.
Source: SDC 1939 & Supp 1960, §§ 34.1603, 34.1605, 34.1606; SDCL, §§ 23-22-4, 23-22-17, 23-22-18; SL 1978, ch 178, § 18; SL 1985, ch 193.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-3-5
What does South Dakota Codified Laws § 23A-3-5 cover?
Section 23A-3-5 ("Manner of making arrest--Physical restraint--Weapons and contraband property--Breaking structure to make arrest.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 23A-3-5?
A common citation format is "South Dakota Codified Laws § 23A-3-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 23A-3-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.