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§ 34-43-2 Affidavit in support of warrant--Contents--Notice where prior consent refused.

SD Codified L § 34-43-2 (2019) (N/A)
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34-43-2. Affidavit in support of warrant--Contents--Notice where prior consent refused. An inspection warrant may be issued only upon cause, supported by an affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. The agency shall demonstrate that the inspection is one that it is authorized to make, that the request is specific and that the information sought is consistent with the objective of the inspection. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. If prior consent has been sought and refused, notice that a warrant has been issued shall be given at least twenty-four hours before the warrant is executed, unless the magistrate judge or circuit court judge finds that immediate execution is reasonably necessary in the circumstances shown.

Source: SL 1986, ch 290, § 2.

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§ 34-43-1 Definition of inspection warrant.
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