23A-35-9 Grounds for no-knock warrant--Powers of officer executing.
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Grounds for no-knock warrant--Powers of officer executing.
If a committing
magistrate who has been asked to issue a search warrant is satisfied that there is probable cause to
believe that if notice were given prior to its execution, the property sought in the case may be easily
and quickly destroyed or disposed of, or that danger to the life or limb of the officer or another may
result, he may include in the warrant a direction that the officer executing it is not required to give
the notice required by § 23A-35-8. In such case, the officer who executes the warrant may, without
notice of his authority and purpose, enter any structure, portion of a structure or vehicle, or anything
therein, by whatever means, including breaking therein.
Source: SL 1970, ch 229, § 11 (c) (2); SDCL Supp, § 39-17-125; SDCL, § 34-20B-66; SL 1978,
ch 178, § 446.
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