South Dakota Code § 1-11-37

Investigative subpoena--Definitions
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Terms used in this section and §§
1-11-38
to
1-11-45
, inclusive, mean:
(1) "Investigative subpoena," a written demand issued by the attorney general or the attorney general's designee, after judicial approval, requiring the production of business records relevant to an official criminal investigation;
(2) "Provider," any:
(a) Electronic communication service that provides users with the ability to send or receive wire or electronic communications;
(b) Electronic service provider that offers users the ability to send or receive wire or electronic communications, or to process or store data by means of an electronic communication system;
(c) Internet service provider engaged in the business of providing computer access or internet connectivity to the public or to subscribers;
(d) Remote computing service that provides computer storage or processing services to the public, by means of an electronic communications system; or
(e) Telecommunications carrier that provides telecommunications services; and
(3) "Reasonable cause," a belief based on specific and articulable facts that the business records sought are relevant and material to an active criminal investigation.

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