South Dakota § 23A-35A-6 - Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry.

§ 23A-35A-6. Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry.

Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if the judge determines based on the facts submitted by the applicant that:

(1)    There is probable cause to believe that a person is committing, has committed, or is about to commit a particular crime pursuant to § 23A-35A-2;

(2)    There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;

(3)    Normal investigative procedures have been tried and have failed, reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and

(4)    There is probable cause to believe that the facilities from which or the place where the wire, electronic, or oral communications are to be used, in connection with the commission of the offense, or are leased to, listed in the name of or commonly used by the person.

Source: SL 1980, ch 181, § 11; SL 2017, ch 108, § 6.