23-1A-7. Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
110 words·~1 min read·
/sd/title-23/chapter-23-1/23-1a-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete § 23-1A-10 . Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.