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S.D. Codified Laws § 22-18-3

Lawful force in arrest and delivery of felon

Applied in 1 court decision — leading case Swedlund v. Foster (2003)

Most recently applied in Swedlund v. Foster (January 2003)

Source: SDC 1939, § 13.2402 (2); SL 2005, ch 120, § 7.

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer competent to receive him or her in custody.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.