South Dakota § 23A-36-4 - Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant.
Full text of South Dakota South Dakota Codified Laws § 23A-36-4 — Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant., with citation guidance and answers to common questions.
§ 23A-36-4. Hearing on obscenity or nonobscenity of material--Determination of probable cause for search warrant.
At the time of the hearing on the issuance of a search warrant, the magistrate shall hear evidence concerning the obscenity of the matter and shall examine the matter or any copy of the same, if produced in court, and shall afford any person in possession of the matter sought to be seized or claiming ownership of or interest in the matter an opportunity to be heard as to the obscenity or nonobscenity of the matter. At the close of the hearing, the magistrate shall make a determination of whether probable cause exists to believe that the matter is obscene or nonobscene and shall determine if probable cause exists for the immediate issuance of a search warrant for its seizure.
Source: SL 1974, ch 165, § 11; SDCL Supp, § 22-24-43; SL 1978, ch 178, § 455.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-36-4
What does South Dakota Codified Laws § 23A-36-4 cover?
Section 23A-36-4 ("Hearing on obscenity or nonobscenity of material--Determination of probable cause for search 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-36-4?
A common citation format is "South Dakota Codified Laws § 23A-36-4" (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-36-4 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.