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S.D. Codified Laws § 23A-35A-6

Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry

Applied in 1 court decision — leading case State v. O'CONNOR (1985)

Most recently applied in State v. O'CONNOR (November 1985)

Source: SL 1980, ch 181, § 11; SL 2017, ch 108, § 6.

Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if the judge determines based on the facts submitted by the applicant that:

(1) There is probable cause to believe that a person is committing, has committed, or is about to commit a particular crime pursuant to § 23A-35A-2;

(2) There is probable cause to believe that particular communications concerning that offense will be obtained through the interception;

(3) Normal investigative procedures have been tried and have failed, reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and

(4) There is probable cause to believe that the facilities from which or the place where the wire, electronic, or oral communications are to be used, in connection with the commission of the offense, or are leased to, listed in the name of or commonly used by the person.

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