23A-2-2 (Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defen...
(Rule 4(a)) Warrant or summons issued on complaint--Sworn oral testimony--Failure of defendant to respond to summons.
If it appears from a complaint, or from an affidavit or
affidavits filed with a complaint, that there is probable cause to believe that an offense has been
committed and that a particular person has committed it, a warrant for the arrest of that person, if
requested by the prosecuting attorney, shall be issued to any officer authorized by law to execute it.
If circumstances make it reasonable to do so in the absence of a written affidavit, an arrest warrant
may be issued upon sworn oral testimony of a person who is not in the physical presence of a
committing magistrate if the committing magistrate is satisfied that probable cause exists for the
issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by
telephone or other appropriate means and shall be recorded and transcribed. After transcription the
statement shall be certified by the magistrate and filed with the court. This statement shall be deemed
to be an affidavit and complaint for purposes of this section. In cases of alleged rape, incest, or
sexual contact, if the victim is a minor, the court may limit access to the affidavit pursuant to § 23A-6-22.1. Upon the request of the prosecuting attorney, a summons instead of a warrant shall be used.
More than one warrant or summons may be issued on the same complaint. If a defendant fails to
appear in response to a summons, a warrant shall be issued.
Source: CCrimP 1877, § 95; CL 1887, § 7120; RCCrimP 1903, § 92; RC 1919, § 4528; SDC 1939
& Supp 1960, § 34.1615; SDCL § 23-21-5; SL 1978, ch 178, § 4; SL 1992, ch 171; SL 2011, ch 124,