Section 23A-36-1 - Determination by magistrate whether probable cause exists for search warrant--Notice ofhearing to person in possession. - South Dakota Statutes

23A-36-1. Determination by magistrate whether probable cause exists for search warrant--Notice of hearing to person in possession. Upon the filing of an affidavit for a search warrant to search for obscene material, the magistrate shall determine, by examination of the matter sought to be seized, if attached, by an examination of the affidavit describing the matter, or by such other manner or means that he deems necessary, if probable cause exists for a hearing upon the question of the issuance of a search warrant. If the magistrate determines that probable cause exists for a hearing, he shall issue notice to the person or persons in possession of the matter, setting a time and place for a hearing to determine if a search warrant shall issue.

Source: SL 1974, ch 165, § 7; SDCL Supp, § 22-24-39; SL 1978, ch 178, § 452.