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Code · South Dakota · Title 40 · Chapter 40-2

40-2-7. Enforcement by law enforcement officer or animal control officer--Powers.

293 words·~1 min read·/sd/title-40/chapter-40-2/40-2-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1 . An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1 . An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1 , and other criminal laws.
An animal control officer has the following enforcement powers when enforcing this chapter:
(1)The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1 ;
(2)The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1 . An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(3)The power to carry protective devices, other than firearms, for personal protection;
(4)The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1 , and to seize evidence of those violations.
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