An arrest warrant is a written order from a judge or magistrate that commands the police or other authority to physically take a person accused of a criminal offense into custody. The Fourth Amendment to the United States Constitution requires an arrest warrant to be supported by probable cause—which means there is a reasonable basis to believe the person to be arrested committed a crime.

Arrest warrants protect people from unlawful arrests by requiring the independent review of supporting facts by a person (judge or magistrate) who is not involved in the process of investigating the alleged crime. Arrest warrants also give the accused actual notice of the charge of a criminal offense committed by the accused. Arrest warrants are generally required to take an accused into physical custody unless there is an exception to the warrant requirement—such as when the crime is committed in the presence of the arresting officer.

In South Dakota, as in other states, an arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take an individual into custody on suspicion of a crime. The requirement for an arrest warrant is grounded in the Fourth Amendment of the U.S. Constitution, which mandates that warrants be supported by probable cause. This means there must be a reasonable basis for believing that the person named in the warrant has committed a crime. The process of obtaining an arrest warrant in South Dakota involves presenting evidence to a neutral judge or magistrate to establish probable cause. This serves as a safeguard against arbitrary arrests, ensuring that there is an independent review of the evidence by a judicial authority. While arrest warrants are a standard requirement for taking someone into custody, there are exceptions to this rule. For example, if a crime is committed in an officer's presence, or there are exigent circumstances, an officer may make an arrest without a warrant. These exceptions are also consistent with federal law and the principles of the Fourth Amendment.