South Dakota Code § 32-26-48

Seizure of handheld electronic wireless communication device
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No mobile electronic device used in violation of §
32-26-47.1
or
32-26-47.2
may be seized by a law enforcement officer to establish a violation of either of those sections. However, a mobile electronic device may be seized upon compliance with the search and seizure requirements in chapter
23A-35
.

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