32-2-8. Duties of agents--Arrest of violators.

Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall place violators of any of the laws or police regulations of this state, governing operation of motor vehicles or motor carriers, under arrest without warrant for criminal offenses committed in the presence of the agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector, and take the violator and the vehicle which does not conform to such laws or regulations to the nearest convenient circuit court or magistrate court for trial at the earliest opportunity.

Source: SDC 1939 § 44.0605 (2); SL 1981, ch 230, § 2; SL 2000, ch 140, § 2; SL 2004, ch 17, § 38.

32-2-8.1. Arrest powers of motor carrier inspectors--Law enforcement officer status.

Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol are limited to violations of chapters 10-47B, 32-5, 32-9, 32-10, 32-12, 32-12A, 32-22, 40-19, 40-20, 40-21, 49-28, and 49-28A and §§ 50-4-13 to 50-4-17, inclusive, and § 32-33-17, and the rules governing operation of motor carriers. Motor carrier inspectors who have been given such limited arrest powers are not considered law enforcement officers for the purposes of § 23-3-27.

Source: SL 1981, ch 230, § 3; SL 1987, ch 213, § 1; SL 1989, ch 117; SL 1989, 256, § 2; SL 1999, ch 162, § 2; SL 1999, ch 206, § 10; SL 2002, ch 146, § 1.