South Dakota § 23A-49-8 - Seizure of property without court process.
Full text of South Dakota South Dakota Codified Laws § 23A-49-8 — Seizure of property without court process., with citation guidance and answers to common questions.
§ 23A-49-8. Seizure of property without court process.
The seizure of any property subject to forfeiture under this chapter may be made without process issued under § 23A-49-7 if:
(1) The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;
(3) The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of crimes in the chapters listed in § 23A-49-20.
Source: SL 2016, ch 138, § 8.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 23A-49-8
What does South Dakota Codified Laws § 23A-49-8 cover?
Section 23A-49-8 ("Seizure of property without court process.") 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-49-8?
A common citation format is "South Dakota Codified Laws § 23A-49-8" (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-49-8 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.