South Dakota § 23A-35-8 - Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.
Full text of South Dakota South Dakota Codified Laws § 23A-35-8 — Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-35-8
What does South Dakota Codified Laws § 23A-35-8 cover?
Section 23A-35-8 ("Breaking in to execute warrant after refusal of admittance--Liberation of person executing warrant.") 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-35-8?
A common citation format is "South Dakota Codified Laws § 23A-35-8" (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-35-8 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.