South Dakota Warrants: Types, Searches, and What to Expect

A warrant is the legal document through which law enforcement is given the authority to carry out certain acts such as the taking into custody of a person or searching premises. In South Dakota, a warrant may be issued in the course of a criminal investigation or for the appearance of a person in court. While warrants are obtainable in all states, each state has its own specific rules and procedures in relation to them, South Dakota being no exception.

What Is a Warrant in South Dakota?

In South Dakota, a warrant is a legal order that allows law enforcement to take a specific type of action in an ongoing investigation or court case. A warrant may:

• Authorize the arrest of a person suspected of committing a crime.
• Authorize the search and confiscation of items related to an investigation.
• Require someone to show up in court if they have ignored court orders.

Warrants are granted by judges or magistrates in Circuit Courts, Magistrate Courts, and Municipal Courts, based on the type of case. The regulations that govern warrants are outlined in the South Dakota Codified Laws (SDCL) and the Rules of Criminal Procedure.

Types of Warrants in South Dakota

South Dakota recognizes several categories of warrants:

1. Arrest Warrants

An arrest warrant is a legal order that authorizes law enforcement to arrest and detain a person suspected of committing a crime. For an arrest warrant to be issued, the applicant must show probable cause. It must also be based on a police report that is honest and not misleading.

2. Bench Warrants

A bench warrant is typically issued by a judge when an individual fails to appear in court or fails to pay a fine as ordered by the court. They authorize officers to arrest the person and return them to court.

3. Search Warrants

A legal document that authorizes law enforcement to search a specific person, property, or place for evidence of a crime.

4. Fugitive or Out-of-State Warrants

This warrant authorizes law enforcement to arrest fugitives who have escaped their jurisdiction and entered South Dakota, as well as individuals with active warrants at both the state and federal levels.

How to Search for Warrants in South Dakota

South Dakota does not have a single public statewide warrant database. However, there are several official sources where you can find information:

1. South Dakota Unified Judicial System (UJS) – Public Access Portal– This site provides online access to case records in the state. You might find warrants related to criminal cases here.
2. County Sheriff’s Offices – Each sheriff maintains warrant records. Larger counties such as Minnehaha (Sioux Falls), Pennington (Rapid City), and Brown (Aberdeen) usually offer tools for looking up warrants or public inquiry services.
3. Clerk of Court Offices – You can obtain information about active warrants by visiting your local Clerk of Court Offices.
4. Municipal Courts – Municipal courts deal with misdemeanor and ordinance-related warrants. You can get information related to a warrant from municipal clerks or police departments.
5. South Dakota Division of Criminal Investigation (DCI)– The DCI maintains statewide criminal records. However, information about specific warrants is limited to law enforcement officers.
6. Third-Party Services – There are third-party online background check providers that also include warrant details in their search results. However, it is always best to obtain warrant information from courts or law enforcement offices.

Warrant Records in Major South Dakota Counties and Cities

In South Dakota, warrant searches and enforcement are handled at the county level:

• Sioux Falls (Minnehaha County) – The Minnehaha County Sheriff’s Office grants access to information related to warrants through its records division. You can visit the sheriff's office directly to check if you have any outstanding warrants. The Second Judicial Circuit Court also allows access to case files at the courthouse.
• Rapid City (Pennington County) – You can obtain information related to warrants from the Pennington County Sheriff’s Office and the Seventh Judicial Circuit Court.
• Aberdeen (Brown County) – The Brown County Sheriff’s Office maintains information related to warrants in the county. Interested individuals may visit the Sheriff's Office to access records.

What Happens After a Warrant Is Issued in South Dakota?

The consequences vary depending on the type of warrant:

• Arrest Warrants – As soon as a warrant for arrest is issued, law enforcement can arrest and detain the individual named in the warrant. After being booked, the defendant will go before a judge for arraignment, and bail may be established.
• Bench Warrants – If a person fails to appear in court or comply with the judge's orders, it typically results in an immediate arrest. Once taken into custody, the person will be presented to a judge, who will determine the penalties they will face.
• Search Warrants – Officers are required to carry out searches within 10 days after it is issued. An officer who seizes property under a warrant must provide the individual from whom the property is seized with a copy of the warrant and a receipt for the property. Alternatively, they can leave the copy and receipt at the location where the property was taken. The officer who executed the search must submit a document of return, which will include a written inventory of any property brought to the court.
• Civil Warrants – These generally require individuals to appear in court. Failing to comply with a civil warrant can result in default judgments, wage garnishments, or liens.

Resolving a warrant in South Dakota often requires:

• Voluntarily appearing in court.
• Hiring an attorney to negotiate surrender or bail.
• Paying overdue fines or fulfilling other obligations.

How Long Does a Warrant Stay Active in South Dakota?

In South Dakota, most warrants remain valid until resolved:

• Arrest and bench warrants do not expire. They are active until served or recalled by the court.
• Search warrants can only be executed within 10 days after it is issued.
• Civil warrants are active until the matter is resolved or dismissed.

A warrant may be:

• Quashed if improperly issued.
• Recalled if the person complies with outstanding requirements.
• Cleared once executed or resolved in court.

Warrants have an important position in the South Dakota laws and ensure that law enforcement agencies remain within the limits of the states rules of criminal procedure. Not addressing an outstanding warrant in South Dakota can have serious consequences.

If you feel there may be an active warrant for your arrest, it is advisable to consult a qualified attorney or contact the court which issued the warrant, to avoid unexpected arrest or consequences.

The residents of the state have the option of looking up warrants through the UJS Public Access Portal or through the county sheriff’s offices or clerks of court. Most warrants in South Dakota have no statutes of limitation and must be handled through the courts.