Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect the officer's person. A taking into protective custody under this section is not an arrest. No entry or other record may be made to indicate that the person has been arrested or charged with a crime.
S.D. Codified Laws § 34-20A-56
Protective custody procedure--Duty of detaining officer--No arrest or record
Applied in 1 court decision — leading case State v. Walsh (1981)
Most recently applied in State v. Walsh (May 1981)
Source: SL 1974, ch 240, § 10 (b); SL 1985, ch 277, § 8; SL 2022, ch 108, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.