South Dakota § 23A-35A-4 - Application to intercept communications--Form and contents.

§ 23A-35A-4. Application to intercept communications--Form and contents.

The attorney general or state's attorney shall make an application pursuant to § 23A-35A-3 in writing and upon the oath or affirmation of the applicant. The application shall include:

(1)    The name and title of the applicant;

(2)    A full and complete statement of the facts and circumstances relied upon by the applicant, including the supporting oath or affirmation of the investigating officer of any police department of the state or any political subdivision thereof, or the investigating sheriff or deputy of any county, to justify the belief that an order should be issued, including:

(a)    Details as to the particular crime that has been, is being, or is about to be committed;

(b)    The identity of the person, if known, believed to be committing the offense and whose communications are to be intercepted;

(c)    A particular description of the type of communications sought to be intercepted;

(d)    A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; and

(e)    In the case of a telegraphic, electronic, or telephonic communication, identifying the particular telephone number or telegraph line involved;

(3)    A full and complete statement as to if other investigative procedures have been tried and failed, why other investigative procedures reasonably appear to be unlikely to succeed if tried, or to be too dangerous;

(4)    A statement of the period of time the interception is required to be maintained. If the nature of the investigation is such that authorization to intercept should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the first communication obtained;

(5)    A full and complete statement of the facts concerning all previous applications known to the person authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of, wire, electronic, or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the judge on each such application; and

(6)    If the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

Source: SL 1980, ch 181, § 10; SL 2017, ch 108, § 4.