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South Dakota Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Criminal Law, Civil Litigation and Gov & Administrative Law for South Dakota on
Q: How to obtain Brady motion documents in hand for federal lawsuit?

I've submitted a Brady motion in South Dakota, and the district attorney has informed me that I can go to their office to view the information. However, I want to physically have the paperwork in my hands for evidence related to a federal lawsuit. What are my rights in this situation, and what... View More

James L. Arrasmith
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answered on Oct 27, 2025

Brady obligates the prosecution to disclose favorable, material evidence; it does not prevent the court from ordering copies rather than “inspection only.” Under South Dakota’s criminal discovery rules, you may seek to inspect **and** copy materials, and judges routinely address safety or... View More

1 Answer | Asked in Constitutional Law and Family Law for South Dakota on
Q: Can parents in SD take a phone not in minor's name?

I've heard that as a minor in South Dakota, if I purchase a phone using my own money, my parents can legally take it from me. However, I'm concerned because my parents are very restrictive due to their beliefs—they don't allow me to have electronics at home, claiming the internet... View More

James L. Arrasmith
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answered on Oct 4, 2025

In South Dakota, parents generally have legal authority over their minor children and the household, including what possessions are allowed in the home. Even if you bought a phone with your own money, your parents can take or restrict access to it while you are living under their care. The same... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Appeals / Appellate Law for South Dakota on
Q: Need legal counsel for Motion to Vacate Judgment hearing in South Dakota due to constitutional violations.

I'm preparing for a hearing on October 4, 2025, in Jackson County, South Dakota, concerning my Motion to Vacate Judgment in a criminal case. I'm currently representing myself but need legal counsel due to the complexity involved.

The basis for my motion includes:

- **4th... View More

James L. Arrasmith
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answered on Sep 22, 2025

Given the complexity of your Motion to Vacate Judgment, retaining an attorney experienced in criminal appeals and constitutional law will be crucial. They can review the facts of your case, examine the alleged 4th, 6th, and 14th Amendment violations, and advise on the strongest arguments to present... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for South Dakota on
Q: Clarification on SDCL 22-14-24: does 'capitol' refer to the building or city?

I'm trying to understand SDCL 22-14-24 and specifically, whether the term 'capitol' in this law refers to the state capitol building itself or the city where it is located. Additionally, subsection (5) seems relevant to my question. Could you clarify these two points?

James L. Arrasmith
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answered on Sep 16, 2025

In SDCL 22-14-24, the term "capitol" refers to the state capitol building itself, not the city in which it is located. The law is focused on actions that occur on or within the grounds of the capitol, including security and access issues. This distinction is important because legal... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for South Dakota on
Q: SD Rule 41:03:01:16 - Concealed carry exceptions in parks?

SD Administrative Rule 41:03:01:16 prohibits carrying firearms in various camping places such as Beaver Creek Nature Area, Lake Herman State Park, Spring Creek Recreation Area, and Spirit Mound Historic Prairie. Is there an exception for carrying a concealed pistol in these areas, either with or... View More

James L. Arrasmith
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answered on Sep 8, 2025

South Dakota Administrative Rule 41:03:01:16 restricts carrying firearms in certain designated camping and recreation areas, including Beaver Creek Nature Area, Lake Herman State Park, Spring Creek Recreation Area, and Spirit Mound Historic Prairie. These restrictions apply to both open and... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Dakota on
Q: Am I being illegally investigated or racially profiled by police?

I am concerned that I might be under illegal surveillance or investigation by the police. Recently, after leaving my friend's house in his car, a federal agent followed us to the park and then waited until we left. As soon as we got on the highway, the agent activated his lights, and three... View More

James L. Arrasmith
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answered on Jun 25, 2025

If you believe you were targeted based on your race rather than any legitimate suspicion, you have the right to question the lawfulness of the police conduct. Racial profiling occurs when law enforcement initiates action based primarily on a person’s race, ethnicity, or national origin rather... View More

1 Answer | Asked in Communications Law and Constitutional Law for South Dakota on
Q: What are South Dakota's laws on recording calls and video chats?

I am planning to record phone calls and video chats. Can you tell me about the laws in South Dakota regarding consent requirements and legal considerations for doing so?

James L. Arrasmith
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answered on Apr 13, 2025

You're smart to check the law before hitting "record"—it’s not just about ethics, it’s also about protecting yourself. In South Dakota, the law follows what’s called a **"one-party consent"** rule. This means you can legally record a phone call or video chat **as... View More

1 Answer | Asked in Criminal Law, Communications Law and Constitutional Law for South Dakota on
Q: I need law help on behalf of my friends rights getting violated against of the union county south dakota jail staff
Adam Bryson
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answered on Nov 5, 2024

One thing your friend needs to do is file a grievance and appeal it with the jail staff until he’s exhausted all remedies.

Can you be more specific about how is rights are being violated. If you’re not comfortable sharing that information publicly call my office and schedule an appointment.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Legal Malpractice for South Dakota on
Q: How can I get a fair trial?

I am homeless and on foot, I cannot use mail to report misconduct to the bar, and they do not accept any other method for complaint. The judge told me I couldn't fire the lawyer and get another one, and in jail i repeatedly tried to fire the guy, but he forcefully remained my counsel saying i... View More

James L. Arrasmith
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answered on Jul 21, 2024

To get a fair trial, you need to ensure your rights are protected, even in challenging circumstances. Start by documenting everything that has happened to you, including your attempts to fire your lawyer, the conditions imposed by the judge, and any misconduct or mistreatment. This documentation... View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Dakota on
Q: Does a restoration of firearm rights in Minnesota transfer over to South Dakota?

I have a felony conviction in Minnesota from 2010, I completed the terms of my sentence in June of 2011. About two years ago I was granted a restoration of my firearm rights by a judge in Minnesota. I currently live in South Dakota and I was wondering if South Dakota will honor the firearm rights... View More

James L. Arrasmith
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answered on Feb 24, 2024

Whether your restoration of firearm rights in Minnesota will transfer over to South Dakota depends on the specific laws and reciprocity agreements between the two states. While some states may recognize restoration of firearm rights granted by another state, others may have their own criteria or... View More

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Civil Rights and Constitutional Law for South Dakota on
Q: Hate is a big word of something that you would never think could really happen to someone because they have age. Pain, h
James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry, it seems like the message got cut off. Can you please provide more context or complete your message?

1 Answer | Asked in Constitutional Law for South Dakota on
Q: What are the steps for filing an appeal with supreme court
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

File a notice of appeal, designate a record for the appeal, prepare an initial brief, most likely.

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