South Dakota Warrant Search

A South Dakota Warrant Search allows members of the public to access vital information about warrants issued within the state. Depending on the record custodian, this search can be done online, by phone, email, or in person. A warrant search helps individuals know when warrants have been issued in their names so they can take the necessary steps to address them.

Employers use warrant information to make hiring decisions on job applicants. This helps them minimize bad hires, safeguard existing employees and customers, and protect the company’s reputation. Law enforcement officers can conduct warrant searches to retrieve evidence during ongoing investigations.

What is a Warrant?

Per the South Dakota Judiciary, a warrant is a court authorization directing law enforcement officers to conduct a search or make an arrest. Warrants can only be issued when a judge determines a probable cause. It is possible to get different kinds of warrants in South Dakota depending on the offense committed. Common types of warrants in SD are arrest, bench, search, inspection (S.D. Codified Laws §34-43), and distress (S.D. Codified Laws § 61-5-62) warrants.

Are Warrants Public Records in South Dakota?

Yes. Law enforcement agencies publicly disseminate warrants according to South Dakota Public Law. This allows members of the public to inspect and copy warrant records from the record custodians during normal business hours. However, juvenile and unexcuted search warrants are sealed. Also, any executed warrant part of an ongoing investigation is not open to the public.

How Do I Look Up Warrants in South Dakota?

Different third-party databases provide unique warrant information to people in South Dakota. Warrant lookups via these databases can be done by first and last names. Users can view basic warrant information for free by clicking the search button. Users interested in obtaining a full warrant report must pay between $2.95 and $4.95 for a 7-day unlimited access. A monthly subscription costs between $19.95 and $24.95.

What is a Search Warrant in South Dakota?

Per S.D. Codified Laws § 23A-35-1, a search warrant is a written order issued by a committing magistrate commanding a law enforcement officer to search for a specific personal property and to bring it to court. Warrants are typically issued to search for and seize any (S.D. Codified Laws §23A-35-3):

• Property with evidence of the commission of a crime
• Contraband, the fruits of crime, or things otherwise criminally possessed
• Property which is designed, intended for use in, used, or has been used to commit a crime

Per S.D. Codified Laws §223A-35-4, Search warrants are usually executed in the daytime, except when the committing magistrate directs otherwise. The executing officer must give the property owner a copy of the search warrant and a receipt of the property taken from the property. The search warrant and receipt can be left where the property was taken if the owner is not around (S.D. Codified Laws §23A-35-10). The warrant and a written inventory of any property taken must be returned to the issuing magistrate. The magistrate must file all papers (a copy of the executed search warrant, inventory, and affidavits) submitted with the warrant with the circuit court clerk for the county where the property was seized (S.D. Codified Laws §23A-35-13).

• Are Search Warrants Public Records in South Dakota

  Yes. search warrants are public records in South Dakota. However, the executing law enforcement officer can file an affidavit to the court to seal a supporting search warrant affidavit from public disclosure (S.D. Codified Laws §223A-35-4.1). The court can order the contents of the affidavit to be confidential but can make a disclosure that a supporting affidavit was filed, the contents of the warrant, the return of the warrant, or the inventory public. The court can seal a supporting affidavit until the completion of an ongoing investigation or an indictment or information is filed.

• How Long Does it Take to Get a Search Warrant in South Dakota?

  Getting search warrants in South Dakota takes a few hours to a few days. The factors that determine how quickly a law enforcement officer gets a search warrant are the credibility of the information provided during application, the availability of the judge, and how quickly a probable cause can be determined. Law enforcement officers who apply for search warrants electronically might be able to get their warrants faster than those who do paper applications.

• How Long Does a Search Warrant Last

  In South Dakota, search warrants last for ten (10) days. The executing law enforcement officer must return the search warrant to the committing magistrate within that period. Any search warrant not executed before 10 days from the issuance date is considered void.

What is a Bench Warrant in South Dakota?

A judge usually issues a bench warrant when a defendant fails to appear at a scheduled court hearing or to pay a fine (S.D. Codified Laws §32-33-2.2). The cost of such issuance would amount to $10. Law enforcement officers in South Dakota execute bench warrants.

What is an Arrest Warrant in South Dakota?

Per S.D. Codified Laws §23A-2-2, an arrest warrant is issued by a magistrate when there is probable cause to believe that a crime has been committed and the accused committed it. This probable cause is determined when a complaint, or from an affidavit or affidavits filed with a complaint with the court. Without a written affidavit, an arrest warrant may be issued upon sworn oral testimony communicated to the committing magistrate by phone or other means. An arrest warrant contains (S.D. Codified Laws §23A-2-4):

• Place and date of issuance
• Defendant’s name (if unknown, any name or detailed identifying description)
• Charges and bond amount
• A command to arrest the subject of the warrant and be brought before the nearest available committing magistrate.
• The time the warrant should be served
• Magistrate’s signature

Per S.D. Codified Laws §23A-2-10, an arrest warrant issued for a felony can be executed any day and at any time. However, an arrest warrant issued for a misdemeanor must not be executed at night unless otherwise stated by the committing magistrate.

How to Check if You Have a Warrant in South Dakota

Requesters might be able to check if they have warrants in person, by phone, or by email in South Dakota. For example, individuals can visit the Pennington County Sheriff's Office Warrant Division in person or by phone at (605) 394-6117 to request warrant records. In-requesters should visit the Division Monday through Friday (excluding Holidays) between 7:30 a.m. and 8:00 a.m. with their IDs.

Can You Check Warrants Online in South Dakota?

Yes, most law enforcement agencies disseminate warrant information online to members of the public. Specifically, Sheriff’s Offices publish warrant lists on their websites. For example, the Brookings County Sheriff’s Office provides access to Active Warrant Lists (Felonies and Misdemeanors). Requesters can view warrant information like the subject’s full name, age, sex, race, warrant type, charges, mugshot, bond amount, and issuing date.

How To Find Out If You Have a Warrant for Free

Below are some ways to find warrants without charges in South Dakota

• Visit local law enforcement agencies during business hours
• Call or send an email to the County Sheriff’s Offices
• Contact local courts during normal business hours
• Check warrant lists published on law enforcement agencies’ databases

How to Find Out if Someone Has a Warrant Online For Free in South Dakota

Record seekers can use warrant lists published on most law enforcement agencies’ websites to inquire for free if a person is the subject of a warrant. For example, the South Dakota Department of Corrections (DOC) public warrants information on adult inmates on Escape/Walkaway Status and Parole Absconders.

The only limitation to the warrant information on law enforcement agencies’ websites is that the warrant may not be active. Therefore, the requester should contact the law enforcement agency for more information regarding the published warrant.

How Long Does a Warrant Stay Active in South Dakota?

The duration of a warrant’s validity in South Dakota depends on the warrant type and the circumstances surrounding its issuance. For example, arrest and bench warrants remain active until executed by law enforcement officers. However, search warrants expire after ten (10) days from the date of issuance.

How Do I Find Out If I Have a Federal Warrant?

The best way to determine if a person has a federal warrant is to visit or submit criminal history records requests to federal law enforcement agencies. Individuals can request their criminal history records from the Federal Bureau of Investigation (FBI) online, by mail, or through an approved channeler. The records will provide any warrant information issued against the requester. This service costs $18.

Alternatively, most federal law enforcement agencies publish warrant information on their databases. For example, the United States Marshals Service (USMS) permits authorized users to check warrant information through its Warrant Information System (WIN). Members of the public can use the Fugitives Lists provided by the USMS and FBI to view federal warrant information.