S.D. Codified Laws § 23A-35A-14

Current through the 2024 Legislative Session

Section 23A-35A-14 - Disclosures to interested parties-Inspection of intercepted communications, application, or order-Postponement of notice

Within ninety days after an application under § 23A-35A-3 is denied, or the period of an order or extension expires, the issuing or denying judge shall cause the persons named in the order or application and any other parties to intercepted communications as the judge may determine the interests of justice require, to be served with an inventory including notice of:

(1) The fact of the entry of the order or the application;

(2) The date of the entry and the period of authorized interception, or the denial of the application; and

(3) The fact that during the period wire, electronic, or oral communications were or were not intercepted.

On motion, the judge may make available to the person or the person's counsel for inspection the portions of the intercepted communications, applications, and order as the judge determines to be in the interest of justice. On an ex parte showing of good cause to the judge, the serving of the notice required by this section may be postponed.

SDCL 23A-35A-14

SL 1980, ch 181, § 17; SL 2017, ch 108, §10.

Amended by S.L. 2017, ch. 108,s. 10, eff. 7/1/2017.