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S.D. Codified Laws § 23A-37-4

Application for return of property to person with right to possession

Applied in 3 court decisions — leading case State v. Cody (1982)

Most recently applied in State v. Zephier (September 2020)

Source: SL 1978, ch 178, § 465; SL 2020, ch 103, § 1.

How often courts cite this section

1982199020002010202010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any person claiming the right to possession of such property may make application for its return in the office of the clerk of courts for the county in which it is being held.

An application for the return of real property may be made within thirty days of the seizure of such real property. Absent good cause shown that the real property contains exculpatory evidence of the defendant's innocence which is incapable of being preserved by other means, or that the prosecuting attorney makes a showing that the continued seizure of the real property is necessary to the prosecution of the case, the court may order the law enforcement personnel in possession of the property to release it to the owner.

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