FOR IMMEDIATE RELEASE: Thursday, June 28, 2018
CONTACT: Sara Rabern (605) 773-3215
PIERRE, S.D. – Attorney General Marty Jackley announced today that the South Dakota Supreme Court in a unanimous decision has affirmed the use of electronic warrants.
“The arresting officer complied with the Warrants Clause of the South Dakota Constitution to obtain a search warrant for a blood sample," said Jackley. "The officer’s procedures fulfilled the requirements for an electronic affidavit and warrant and the Court found the officer’s search warrant was properly issued.”
Bowers argued that the arresting officer lacked reasonable suspicion to initiate an investigatory traffic stop and that the warrant obtained for the blood draw violated the Warrants Clause of the South Dakota Constitution.
The Court rejected the defendant’s claim that an electronic signature invalidates the affidavit used to obtain a warrant. The affidavit contains the officer’s written declarations that were “duly sworn upon oath” and his electronic signature on the date of the arrest.