South Dakota § 23A-4-1 - Arrested person taken before magistrate--Complaint filed on arrest without warrant.
Full text of South Dakota South Dakota Codified Laws § 23A-4-1 — Arrested person taken before magistrate--Complaint filed on arrest without warrant., with citation guidance and answers to common questions.
§ 23A-4-1. Arrested person taken before magistrate--Complaint filed on arrest without warrant.
A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate. Any person, other than a law enforcement officer, making an arrest shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate or deliver him to the nearest available law enforcement officer. If a person arrested without a warrant is brought before a committing magistrate, a complaint shall be filed forthwith. Unless given a court appearance date and released from custody, a person, arrested with or without a warrant or given a summons, shall appear initially before a committing magistrate in person or via ITV, without unnecessary delay, at which time the committing magistrate shall proceed in accordance with the applicable provisions of §§ 23A-4-2 to 23A-4-5, inclusive.
Source: SDC 1939 & Supp 1960, §§ 34.1608, 34.1619, 34.1620; SDCL §§ 23-22-16, 23-22-20, 23-22-22; SL 1978, ch 178, § 36; SL 1989, ch 209; SL 1990, ch 174; SL 2018, ch 301 (Supreme Court Rule 18-10), eff. July 1, 2018.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-4-1
What does South Dakota Codified Laws § 23A-4-1 cover?
Section 23A-4-1 ("Arrested person taken before magistrate--Complaint filed on arrest without 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-4-1?
A common citation format is "South Dakota Codified Laws § 23A-4-1" (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-4-1 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.