South Dakota Warrant Search

A warrant, also called a "writ," is a legal document that permits law enforcement agencies to carry out an action against a person or group that would otherwise be illegal. 

Judges or magistrates of the South Dakota Unified Judicial System (SDUJS) are typically authorized to issue a warrant in South Dakota. This occurs when there is probable cause to support the suspicion that an individual has committed a crime, possesses illicit materials, or intentionally misses court.  

Information on active warrants issued in South Dakota is usually retrieved through a South Dakota warrant search. The information available through a warrant search may include:

• Subject information (name, birth date, and other identifying information).
• Warrant details (offense type, date of issuance, and court).
• Charge information.
• Bond information.
• Court information (information about the court that issued the warrant and, in some cases, details about upcoming court appearances).

In South Dakota, there are several ways to perform warrant searches. These include contacting the local sheriff's offices in different counties, the state task force of the US Marshal, the Division of Criminal Investigation (DCI), and the Department of Corrections. However, the South Dakota Unified Justice System is the state's primary source of warrant-related information.

Are Warrants Public Records in South Dakota?

In South Dakota, warrants are regarded as public records. South Dakota's Codified Laws provide that warrants are available for public access, except when specific statutes prohibit disclosure of such records. 

Per the explicitly specified exemptions outlined in South Dakota Code §§ 1-27-1.3 to 1-27-1.5, an arrest warrant, for example, may remain confidential until it is executed and then the record is made public. Information sealed or removed from an individual's record may be subject to additional exemptions.

Types of Warrants in South Dakota

Like many other jurisdictions, South Dakota's legal system issues various warrants to support judicial and law enforcement procedures. These kinds of warrants differ in terms of their objectives and the conditions under which they are issued. In the criminal justice system context, each fulfills a distinct legal role. The following is a breakdown of the main warrant types:

• Arrest warrants: These are issued by magistrates or judges, giving law enforcement permission to hold and arrest someone they believe is guilty of a crime. In most cases, the judge or magistrate must receive evidence from law enforcement that shows reasonable suspicion that the defendant committed a crime.
• Search Warrants: A judge or magistrate can issue a search warrant, which gives law enforcement the right to search a specific area for evidence of a crime or criminal. Officers are required to show that they have reasonable suspicion that evidence of a crime is at the designated site.
• Bench Warrants: These are usually issued by a judge in cases where a defendant fails to appear in court or disobeys a court order. Some examples of such violations include breaking the terms of their release or probation, which can involve committing new offenses, testing positive for drugs, or failing to appear in court as scheduled.
• Fugitive Warrants: These are issued when the subject of an arrest request is thought to be in another jurisdiction. They are usually issued for people who are wanted in South Dakota and have been captured in another state to aid in extradition.

What is a Search Warrant in South Dakota?

According to South Dakota Code § 23A-35-1 a search warrant is a written order authorizing the search of an individual or their private property.

Citizens are typically shielded from arbitrary searches per the Fourth Amendment of the United States Constitution. Hence, some requirements must be fulfilled for a search warrant to be issued in South Dakota. Code § 23A-35-3 (Rule 41(b)) outlines the appropriate legal basis for a search or confiscation of personal property. The following are some of the reasons:

• The property is evidence of a crime;
• The property contains contraband; items in this category are subject to search and seizure;
• The property is or contains proceeds of criminal activity or other items possessed unlawfully;
• The property was used as a means of committing a crime or was intended to be used for that purpose.

When a prosecutor or law enforcement official requests a search warrant, the magistrate in the county where the property is located issues the order. These legal documents must specify the precise location and the objects or information sought. They should also contain the date of issuance, the reason for issuance, and the name of the magistrate who issued the warrant.

How to Get a Search Warrant In South Dakota

To get a search warrant in South Dakota, the law enforcement agency/official must initiate the warrant request procedure by providing an affidavit outlining the reasons behind the warrant's issuance to the committing magistrate. The magistrate will issue a warrant stating the property to be seized and naming or describing the person or place to be searched if they are satisfied that there are sufficient grounds for the application or that there is reasonable suspicion that they exist. Hearsay evidence may serve as the basis for finding probable cause in whole or in part. The magistrate has the authority to demand an in-person appearance from the affiant and to question them and any witnesses under oath before issuing a warrant. A court reporter, stenographer, or recording device must document and incorporate the proceedings into the affidavit.

A search warrant must be executed within 10 days and served during the day unless the committing magistrate specifically permits it to be carried out at night.

How Long Does It Take to Get a Search Warrant?

While the South Dakota Code §§ 23A-35-4 and 23A-35-4.2 provide comprehensive legal provisions governing the issuance of search warrants, no timelines for issuance are specified. The time it will take to get a search warrant will depend on law enforcement, the issuing magistrate, and probable cause.

What is an Arrest Warrant in South Dakota?

A South Dakota arrest warrant is a court order or magistrate's authorization for the detention of a suspected criminal. To get an arrest warrant, law enforcement or prosecutors must provide a judge or magistrate with evidence that establishes reasonable cause that a particular person has committed a crime. The court may issue an arrest warrant if they determine there is sufficient evidence. Law enforcement officials have the right to detain and arrest the person specified in an arrest warrant as soon as it is issued.

The following details are typically included in a South Dakota warrant, per state statute § 23A-2-4 (Rule 4(c)(1)):

• The defendant's personal details, including their complete name (or, in the event that their name is unknown, any name or description that allows for their certain identification);
• The defendant's current address;
• A description of the charges leveled against the defendant;
• Issuance date and location;
• The signature of the magistrate;
• A bail sum as determined/approved by the presiding magistrate.

A law enforcement officer may also make an arrest without a warrant under South Dakota Code § 23A-3-2.1. Notwithstanding, there must be sufficient probable cause for the arrest; in most cases, the arresting officer must have witnessed the crime.

Arrest Warrant Lookup in South Dakota

Interested members of the public may conduct an arrest warrant lookup in South Dakota by querying concerned record custodians or utilizing their online resources. The available warrant lookup options are as follows:

• The Public Access Record System (PARS): This is a central database kept up to date by the South Dakota Unified Judicial System. Inquirers may search this database using the subject's name or birth date. They may also opt to sign up for the service or search as visitors.
• South Dakota Department of Criminal Investigation (DCI): Interested persons can conduct a South Dakota warrant search through the "Identification Section" of the DCI website. Users may run "State" or "FBI" checks.

Arrest records are also maintained by South Dakota law enforcement agencies. The public can access an online most wanted list maintained by the Department of Corrections that includes escapees, walkaways, and parole violators with outstanding warrants.

Lists of active warrants are also kept up to date by local law enforcement agencies (police departments and sheriff offices) in counties like Turner County Sheriff's Office and Minnehaha County Sheriff's Office. These are published primarily for public awareness and for law enforcement across the state to assist in apprehending those who are wanted.

There are also third-party aggregate sites that provide arrest warrant information to the public, and interested persons can find such sites by checking the internet using any search engine. However, inquirers should consider validating the information obtained from these sites by comparing them with records from government-owned repositories.

How to Find Out If You Have a Warrant in South Dakota

The state judiciary primarily issues warrants, which state law enforcement organizations then execute. Therefore, anyone seeking to find out if they have a warrant in South Dakota should contact any of these entities in person or online.  

To find active warrants on yourself, use the Public Access Record System (PARS), a central repository run by the South Dakota Unified Judicial System. It is a valuable and user-friendly resource for locating any warrant issued or executed within state limits. The subject's name and birth date can be used as search parameters, and users may search the system as guests or registered users.

The public can also obtain information on active warrants from any of South Dakota's counties by visiting the local courthouse or the county website. For instance, the public can view active warrant lists for Pennington County and Clay County on their respective websites.

Free Warrant Search in South Dakota

To perform a free warrant search in South Dakota, inquirers may make in-person requests to relevant custodians in the jurisdiction where the warrant was issued the records or utilize online resources on their official websites. These searches typically require providing the subject's name, birthdate, or other parameters.

How to Find Out If Someone Has A Warrant Online

In South Dakota, most municipal courts, sheriff's offices, and other state legal and law enforcement agencies offer online search tools for anyone looking up warrant information. These tools are usually free to use and may be searched with the subject's name and birthdate. If more search parameters, like a birth year or court case number, are available, users can employ them to streamline their results further.

An independent or third-party website may also be used to perform an online warrant search in South Dakota. However, obtaining extensive information from these third-party suppliers may come with a charge and the data acquired might not be entirely correct. The benefit of using a third-party site is that a user's search scope encompasses multiple counties and cities, even those located outside of South Dakota. Similar to official government websites, most independent service providers require a full name to process a search inquiry.

How Long Do Warrants Last in South Dakota?

The length of a warrant's validity in South Dakota varies based on the type of warrant and the events leading up to its issuance. Arrest and bench warrants often stay valid until they are served or executed by law enforcement. An arrest warrant is deemed satisfied and becomes inactive when the individual named on it is taken into custody.

Conversely, search warrants have a 10-day validity period. Law enforcement personnel are permitted to search the designated property during this period. When the allotted time period passes, the search warrant is nullified, and police officers must stop conducting any searches.