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§ 34-43-7 Prohibited inspections--Exceptions.

SD Codified L § 34-43-7 (2019) (N/A)
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34-43-7. Prohibited inspections--Exceptions. An inspection made pursuant to a warrant authorized by §§ 34-43-1 to 34-43-8, inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless specifically authorized by the magistrate judge or circuit court judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection may not be made by means of forcible entry, except if expressly authorized by the magistrate judge or circuit court judge if the facts are sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning, which, if such violation existed, would be a direct threat to health or safety, and if the facts establish that reasonable attempts to serve a previous warrant have been unsuccessful.

Source: SL 1986, ch 290, § 7.

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§ 34-43-6 Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or judge--Void after expiration.
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§ 34-43-8 Refusal to permit inspection by warrant as misdemeanor.