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Attorney General Marty Jackley

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OFFICIAL OPINION NO. 75-189, Authority of Board of County Commissioners to give state's attorney's office a fund of money for a special purpose

STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

November 25, 1975

Mr. Jerry C. Rachetto
State's Attorney
Lawrence County Courthouse
Deadwood, South Dakota 57732

OFFICIAL OPINION NO. 75-189

Authority of Board of County Commissioners to give state's attorney's office a fund of money for a special purpose

Dear Mr. Rachetto:

You have requested an official opinion from this office on the following question:

May the Board of County Commissioners give State's Attorney's Office a fund of money for a special purpose, to wit: Money to be given to a drug informant for the purpose of making drug buys; when said money will be given to the custody of the State's Attorney’s Office and will be used to purchase the drugs and then to be confiscated at the time of the purchase by law enforcement officers and returned to the County Treasury?

SDCL 39-17-119 and 120 provide:

39-17 -119. The governing bodies of the several counties and municipalities in the state are hereby authorized to establish funds and make appropriations thereto for the purpose of enforcing the provisions of this chapter.

39-17-120. Funds established pursuant to section 39-17-119 may be expended confidentially for the purpose of making purchases and acquisitions of drugs and substances which are illegal under this chapter, when such purchases are necessary to obtaining convictions under this chapter.

SDCL 39-17-121 further provides that these special funds may be expended confidentially to employ special agents for the purpose of providing undercover assistance to local law enforcement officers in gathering evidence of violations of SDCL 39-17, making arrests thereunder, and obtaining convictions. SDCL 39-17-122 specifically provides that the state's attorney has certain responsibilities to enforce the provisions of the chapter. SDCL 7-16-7 provides additional authority here for the state's attorney's office, upon proper authorization, to employ special investigative agents who could implement the sort of program referred to above.

The answer to your question therefore is YES.

Respectfully submitted,

William Janklow
Attorney General

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