What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
Table of Contents
What is Considered an Arrest in South Dakota?
According to state codified law 23A-3, an arrest generally occurs when a law enforcement officer operating within the jurisdiction of South Dakota takes an individual into custody. A private citizen may also make an arrest. However, in both cases, there should be reasonable cause to indicate that the accused committed a criminal offense. Any person other than the officer making the arrest will, without delay, take the accused before the nearest magistrate or deliver them to police officers. Arrests may be made without a warrant or a warrant, depending on the circumstance.
An arrest warrant is issued following an investigation into the person's activities and following significant evidence they have been engaging in a criminal activity. Arrests without warrants may also take place if the person committed a crime in the presence of the law enforcement officer, like disturbing the peace, driving under the influence, or indecent exposure. A complaint is filed immediately if a person is arrested without a warrant and brought before a magistrate.
Miranda rights are classified as warnings, and these are required when the police officer engages in custodial interrogation.
They may be issued when the person is taken in custody as a process of arrest or when they have already been apprehended. Custodial interrogation is questioning initiated by law enforcement officers when the person has been arrested. Individuals arrested in South Dakota generally go through a booking process, which leads to creating an arrest record. The information of the accused is generally entered into the police department's system. A criminal background check is also issued to determine if they have outstanding warrants other than the reason for their arrest. Law enforcement officers will conduct medical screenings and take their personal property for storage.
Arrests in South Dakota may be implemented for varying reasons, including an outstanding warrant following a complaint about the person's activities. Criminal offenses as codified in state law, traffic violations, and violations of court orders may also earn one cause for arrest. Juvenile, public order, and civil offenses may also lead to arrest. An arrest is distinguishable from detention, though, in that detention is a temporary restriction of freedom during which they may be questioned. However, they are not obligated to answer. An arrest is typically the deprivation of freedom, where charges are filed, and the person is taken to answer them in court.
What is Unlawful Arrest in South Dakota?
Unlawful arrest generally occurs when an officer of the law arrests an individual having not fulfilled the requirements to do so. That is, they do not have probable cause to arrest the person for the offense. The individual may also not have an outstanding warrant, so there is no legal complaint concerning their activities. Unlawful arrests may be issued due to mistaken identity also, where the police officer arrests the wrong person because they look like the suspect that perpetrated the offense or loosely fits the description. It also entails racial profiling and discrimination, where officers arrest individuals based on their race or gender.
If a magistrate determines that an arrest is unlawful per section 23A-3-12, they will discharge the person arrested. Officers, in this case, may be subject to internal disciplinary actions. They are typically also subject to criminal charges. This would mean proving through evidence that the officer acted with malice.
Are Arrest Records Public in South Dakota?
Arrest records in South Dakota are open to the public following Section 1-27-38 of the state's Codified laws. A written request may be made to a public record officer of the entity concerned. Then, the officer will provide the record in whole or part to the requestor when payment has been issued. The records typically include information like:
- The arrestee's personal information. These are names, dates of birth, address, height, weight, eye color, gender, and ethnicity.
- Details of the alleged offense
- Date and location of the arrest
- The arresting officer's identity and their law enforcement agency
- Mugshots
- Case numbers
Arrests may not be accessible to all interested parties due to the nature of the information involved. For example, records involving juveniles or mental health cases are not accessible to every party. The same pertains to ongoing criminal investigations or records concerning individuals involved in threats to national security.
What are the Types of Arrest Records in South Dakota?
Arrest records in South Dakota are grouped at the local and state level. At the local level, both the sheriff's office and the police department preside over arrest records. Following the arrest, the individual's details are stored in their databases for reference and coordination with the state's justice system during the trial process. Following state law, the agencies also retain the records and offer them to interested parties upon request, provided they are not confidential.
At the state level, the South Dakota Division of Criminal Investigation operating under the Attorney General's office, maintains criminal records. They collaborate with agencies like the Highway Patrol or local police departments to compile arrest records. The difference with criminal background repositories at the state level is that they contain much more information than arrest records at the sheriff's office. Requests may yield information on the party's arrests, court appearances, trials, decisions, convictions, and sentencing.
Where are Arrest Records Kept in South Dakota?
Government agencies maintain arrest records in South Dakota at the local and state level. These are:
Police Departments and County Sheriff's Offices
The local police department and the sheriff's offices generate arrest reports when officers take people into custody. These records are available to most interested parties, provided there are no restrictions. They may contain detailed information concerning the arrested person, such as their names, aliases, addresses, dates of birth, and physical attributes.
County Clerk of Court's Office
Each county courthouse within the state has a repository of criminal records, particularly for cases that have previously gone through the court system. This applies, though, to records before 1989.
South Dakota Division of Criminal Investigation (DCI)
As part of the South Dakota Attorney General's office, the DCI is a repository for arrest and criminal records. The agency generally has a comprehensive database through which individuals may view their records and those of others in the state, provided they have a valid request. Personal background checks are typically offered by submitting fingerprints for identification.
South Dakota Unified Judicial System
Parties may also access arrest records through the Unified Justice System's Public Access Record from 1989 until now. The UJS provides a search feature that allows people to search court judgments, arrest records, and other proceedings. These may include criminal charges, court appearances, and decisions unless otherwise sealed.
How To Find Public Arrest Records in South Dakota?
There are various ways to access arrest records in South Dakota through the aforementioned agencies. These are:
Contacting the Police Department and Sheriff's Offices
Depending on the agency, one may access arrest records in person, via mail, or online. It would be advisable first to contact the department where the party was likely detained and ask about the requirements for getting an arrest report. They may require the interested party to fill out a form or submit personal details like name, address, and government-issued photo ID. They typically will also require a fee for the arrest record according to the desired number of copies.
Reach Out To the South Dakota Division of Criminal Investigation
Parties may access criminal backgrounds in person, through mail, or online requests. Parties may navigate the DCI website and create an account following the background check request form. Fill in the required forms and provide the required information. For in-person requests, head to the head office located at 1302 E Highway 14, Suite 5, in Pierre. If applicable, provide the required documents like driver's license, fingerprint cards, and consent forms. Fill out the criminal background check form and present it at their offices. Pay the background check fee of $43.25 for criminal records requests.
Utilize the Unified Judicial System
Visit the official South Dakota Unified Judicial System website and navigate to eServices, Records Request, and the Public Access Record Search tool. The public information accessible through this search will typically indicate docket entries for criminal records, domestic protection orders, and foreign protection information. The tool will require requesters to register for use. Every search will also entail a $20 fee. When searching, the interested party will indicate the person's name and date of birth.
How Long Do Arrests Stay on the Record in South Dakota?
In South Dakota, arrest records generally remain indefinitely on a person's record unless it is requested to be sealed or expunged. The sealing or expunging of records generally depends on the circumstances of the person's interaction with the criminal justice system. If the individual was charged but the case was dismissed, the record will be expunged in one year from the day of arrest or when the charges were dropped.
This is only valid if there are no pending formal charges other than those that have been dismissed. A class 2 misdemeanor may be expunged from a person's record if five years have passed from the end of the sentence. Provided that it is the highest level charged offense and does not involve using a gun. Crimes involving violence, DUIs, or sexual assault typically cannot be expunged. The state may also authorize the destruction of criminal records of individuals who are past 75 years of age or who committed acts that are no longer crimes. This also applies to deceased people.
How To Seal or Expunge an Arrest Record in South Dakota?
The first thing the applicant should do is obtain their criminal record from the DCI. It should generally detail all of the arrests, charges, convictions, and sentences if relevant. Provided the party satisfies the requirements for expungement, they may file a motion with the Clerk of the courts that handled the criminal case. They will also provide a filing fee of $70. If this is not feasible, the applicant may request a waiver from the Clerk of the Courts.
The motion will be served to the prosecuting attorney who handled the case 14 days before the hearing. There will be a hearing on the expungement motion unless the arrested individual, prosecuting attorney, and victim consent to waive the hearing. The courts will determine if there is clear evidence that the ends of justice and the public's best interests are served by entering the order of expungement. If the magistrate approves the expungement, the court will send a nonpublic record to the Division of Criminal Investigation.
