Are Warrants Public Records in South Dakota?
Yes, South Dakota codified laws categorize warrants as part of the state’s court records. Hence, they are subject to the same disclosure provisions of court records. However, the disclosure of warrant information is subject to many restrictions. For one, a warrant is exempt from public access if it is part of an expunged South Dakota criminal record, if it is part of an ongoing investigation, and in most cases, if it is unexecuted. The South Dakota State Legislature classifies warrants according to the severity of the crime involved and the punishment attached to the crime. A person may get a warrant for misdemeanors or felonies, and the court may require bonds to guarantee court appearances.
What is Considered a Warrant in South Dakota?
A warrant is a document from a court that orders an offender to come before the issuing court. Judges and magistrates under the South Dakota Judicial System are the judicial officers with the authority to issue warrants. Law enforcement officers in South Dakota use warrants to search a person, seize property, or perform other actions stated in the warrant. The common types of warrants issued in South Dakota are arrest warrants and bench warrants. A judge or magistrate issues an arrest warrant following investigations in a criminal case, and a bench warrant comes when a person misses a court appearance.
How to Find Out if You Have a Warrant in South Dakota?
Individuals that want to find information on active warrants may carry out a South Dakota Warrant Search. Interested persons may conduct a warrant search in the following ways:
- Online Court Records
- Background Searches
- Department of Corrections
- County Websites
- US Marshals Service
The South Dakota Judiciary allows the public to access court records through the court docket database. It contains records of proceedings and other civil and criminal information about a person, including outstanding warrants. A person may also carry out a background search through the South Dakota Division of Criminal Investigations. Using this service involves a fingerprint-based inquiry, which works best for personal crime history searches. For third-party searches, the individual will need a signed consent form to carry out the search. The inquiry costs $24; to initiate it, individuals have to fill out a form. Such persons may then submit the forms by mail to the Criminal Justice Division Identification Section, 1302 E. Hwy 14, Suite 5, Pierre, SD 57501.
The South Dakota Department of Corrections is another source of finding active warrants. The department publishes a Most Wanted List that contains details of escapees and parole absconders. Alternatively, individuals may initiate direct contact with law enforcement agencies to find out active warrant information. It is also possible to search for warrants on various county websites as some counties release warrant records online. Some of these counties are Custer County, Fall River County, Clay County, and Pennington County.
The US Marshals Service also has a task force division in South Dakota that investigates and arrests state or federal fugitives with active warrants. Interested individuals may contact the task force at (605) 342-6331, (605) 367-4614, or Fax: (605) 367-7319
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in South Dakota?
In South Dakota, warrants do not expire because if warrants expire, it will encourage people to evade the service of warrant processes and the legal system as a whole. A warrant only goes away when law enforcement officers serve the warrant or the named person surrenders. It may also go away when the charge behind the warrant gets dismissed. If a person has a warrant, the police may pick such a person up at work or at a party. It is advised to handle warrants immediately, as trying to wait it out is dangerous.
How Long Does It Take to Get a Warrant in South Dakota?
A warrant is usually issued within a few hours of its application unless the judge determines that there isn’t sufficient probable cause to issue one. Other factors that may impact the length of time it takes to obtain a warrant is the complexity of the case, the investigative process, and the court where the application was filed.
How Do Search Warrants Work in South Dakota?
23A-35-1 of the South Dakota Codified Laws defines a search warrant as a written order that a judicial officer such as a magistrate issues in the name of the state. The issuing magistrate directs this warrant to a law enforcement officer, allowing the search of designated personal property and bringing the items found to the magistrate. As such, under 23A-35-2, a magistrate may only issue a warrant upon the request of a law enforcement officer or prosecuting attorney. 23A-35-3 further provides that a search warrant may be for the search of:
- Property that constitutes evidence of a crime
- Contraband and the proceeds of crime
- Property used or intended for the use of committing a crime.
Under 23A-35-4, an officer seeking a warrant must submit an affidavit establishing the grounds for issuing the warrant. The magistrate shall issue the warrant where the probable cause is sufficient and shall command the officer to search the named property within ten days. In certain circumstances, the magistrate may allow the execution of a warrant at night. A search warrant must contain the name of the person who is the subject of the warrant and the property named in the warrant.
How Does a South Dakota Search Warrant Become Invalid?
23A-35-4 of the South Dakota Codified Laws provides that law enforcement officers execute the search warrant within ten days. Anything outside this time frame will render the search warrant invalid. Where the warrant involves the use of a tracking device, law enforcement officers must effect the warrant within 45 days from the day of the issue. The court may grant one or more extensions, which must not exceed 45 days each. Some other circumstances, like the lack of probable cause, may render a search warrant invalid.
South Dakota Arrest Warrants: Rules of Procedure
23A-3-1 of the South Dakota Codified Laws defines an arrest as taking a person into custody to answer for the commission of an offense. An arrest warrant in South Dakota is a document that authorizes this arrest. Before a judge or magistrate issues an arrest warrant, the law enforcement officer seeking the warrant must make a testimony under oath to establish probable cause. Hearsay may sometimes suffice as evidence to show probable cause. An arrest warrant in South Dakota must contain the following details:
- The name and address of the suspect
- A physical description of the named person
- The social security number and driver’s license number of the person
- Details of the charge
- The conditions for detention and release of the person
- The signature of the issuing judicial officer
The responsibility for executing an arrest warrant is on the authorized law enforcement officers. When issued for a felony, such officers may execute the warrant at any time of the day or night, even outside the issuing county’s geographical boundaries.
South Dakota Child Support Arrest Warrants: What You Need to Know
25-7-6.1 of the South Dakota Codified Laws and the South Dakota Department of Social Services provide child support obligations that mandate non-custodial parents to pay child support. A late payment, no or partial payment may amount to a violation of a child support order, and parents who default may face serious consequences like a child support arrest warrant or even jail time. The child support warrant is to the effect of bringing a defaulting parent to court to explain their non-payment of child support.
In South Dakota, the South Dakota Division of Child Support Services helps custodial parents enforce child support orders. An interested person needs to make an application to open a child support case with the division. Such a parent may also file an enforcement action in court, and the court may enforce child support orders in the following ways:
- Deducting child support from the parent’s paycheck
- Revoking the driver’s license of the parent
- Intercepting the tax refunds of the parent
- Seizing the parent’s bank account, investment funds, and/or stocks
The judge may also find the parent in contempt of court, and the parent may have to pay fines or spend up to 6 months in jail.
South Dakota Bench Warrants: Issuing and Arrests
23A-39-1 of the South Dakota Codified Laws provides that a defendant be present at every stage of the trial. Where the defendant is out on bail and does not appear on subsequent dates, the court may direct the clerk of the court to issue a bench warrant in addition to forfeiture of bail. The effect of a bench warrant is to make a person come to court, and the difference between a bench warrant and an arrest warrant is that bench warrants are for persons who offend the court, while arrest warrants are for those who commit crimes. Under 23A-39-5, law enforcement may serve the bench warrant in any county in the same way as a regular warrant of arrest. Some other actions that may attract the issue of a bench warrant include:
- Refusal to pay a traffic citation
- A witness refusing to come to court to testify
- Disobeying a restraining order
- Non-payment of child support by a non-custodial parent
- Ignoring an order to show up for jury duty
Upon the issue of a bench warrant, law enforcement officers may arrest the named individual at any point, like a traffic stop.
Failure to Appear in South Dakota: Rules and Consequences
A Failure to Appear (FTA) is a criminal charge that arises as to the consequence of a person missing court dates. It may be a felony or misdemeanor, depending on the level of the offense. The Failure to Appear charge is a legal document that demands a person’s appearance at a specified court and at a specific time. Where a person misses a court hearing for a felony-level offense, such a person may face a felony failure to appear. If the missed court date is for misdemeanor failure to appear, the person may face a misdemeanor failure to appear.
In other circumstances where a person fails to appear, the court may issue a bench warrant instead in order to bring the person to court. A person who missed court dates is advised to contact an attorney for help. The attorney may contact the court to explain the situation and reschedule the court date, where possible.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in South Dakota?
The South Dakota legislature considers missing a scheduled court date a crime. The first consequence is that such a person will forfeit the bond or security pledged for the person’s release. Where the charge is a felony, failure to appear is a Class 6 felony, and a Class 1 misdemeanor if the failure to appear is a misdemeanor. Under 22-6-1 of the South Dakota Codified Laws, the punishment for a Class 6 felony is two years imprisonment, a fine of $4000, or both. 22-6-2 of the South Dakota Codified Laws provides the punishment for a Class 1 misdemeanor as one-year imprisonment, a two thousand dollars fine, or both.
Failure to Pay in South Dakota: How It Works
A person that is guilty of a crime may have to pay costs and restitution as a form of punishment enshrined in 23A-27-25.2 of the South Dakota Codified Laws. The inability of the person to settle these costs is known in law as Failure to Pay. Under 23A-27-25.4 of the South Dakota Codified Laws, where the court orders a defendant to pay fines, costs, or restitution and the person fails to, entirely or within a specific time frame; it may attract dire consequences. The court may, on its own, or if the Attorney General of South Dakota makes an application, ask the defendant to give reasons why the court should not jail or imprison the defendant over the nonpayment. Also, the court may issue a bench warrant, warrant of arrest, or some other orders, to ensure the defendant’s appearance.
No-Knock Warrant in South Dakota: General Laws
A No-Knock warrant is an order in the United States that allows law enforcement officers to enter premises without prior notice to the residents or knocking. In South Dakota, such an order must come from a judge or magistrate in the state. 23A-35-9 of the South Dakota Codified Laws allows for No-knock warrants, where there is probable cause to believe that if law enforcement gives notice before execution:
- The suspect may destroy or dispose of the property, or
- There is a danger to the life of law enforcement officers or others present
In that case, the officer may, without notice, enter the premises, vehicle, or other property by any means, including breaking in.
How to Perform a Federal Warrant Search
Interested members of the public may perform Federal warrant searches through the Police Department or the Sheriff’s Office (or their website) in the jurisdiction where the warrant was issued. This is because the Warrant Information System, a central database of federal warrants, is not accessible to the public but restricted to law enforcement agencies. Hence, the inquirer's best bet will be to query the office of local law enforcement since they usually publish wanted notices and may have access to warrant information generated by their federal counterparts.
Warrant searches are usually conducted using the full name of the concerned wanted person and other personal data or information such as their first name, date of birth, physical descriptors, and the place where the warrant was issued.
Does South Dakota DMV Check for Warrants?
Yes, the South Dakota DMV will check for warrants on persons who apply for a driver’s license or vehicle registration. If there is an outstanding warrant on the said individual, they may alert local law enforcement if the situation calls for it.
