33-14-7. Fresh pursuit of offender beyond state border--Conditions. Any organization, unit, or detachment of the South Dakota State Guard, upon order of the officer in immediate command of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this state into another state until they are apprehended or captured by the organization, unit, or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons. However, no such pursuit beyond state borders may be undertaken unless the other state has given authority by law for such pursuit by the forces of this state. Any such person who is apprehended or captured in the other state by an organization, unit, or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which the person is taken or to the United States. However, such a surrender does not constitute a waiver by this state of its right to extradite or prosecute the person for any crime committed in this state.
Source: SL 1941, ch 174, § 5; SDC Supp 1960, § 41.01B05; SL 2007, ch 187, § 142.
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