Section 23A-35A-6 - Ex parte order authorizing wiretapping or eavesdropping--Probable cause requiredfor entry. - South Dakota Statutes

23A-35A-6. Ex parte order authorizing wiretapping or eavesdropping--Probable cause required for entry. Upon proper application, a judge may enter an ex parte order, as requested or with any appropriate modifications, authorizing wiretapping or eavesdropping if he determines on the basis of the facts submitted by the applicant that:
(1) There is probable cause to believe that an individual is committing, has committed, or is about to commit a particular crime included within § 23A-35A-2;
(2) There is probable cause to believe that particular communications concerning that offense will be obtained through such interception;
(3) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous; and
(4) There is probable cause to believe that the facilities from which, or the place where, the wire or oral communications are to be used, in connection with the commission of such offense, or are leased to, listed in the name of or commonly used by such person.

Source: SL 1980, ch 181, § 11.