South Dakota

Recording Law

One-Party Consent

Stop & Identify

Required by Law

Civilian Oversight

None

RECORDING LAW DETAILS

South Dakota is a one-party consent state. You may record police in public. SDCL 23A-35-4 governs electronic surveillance.

Rights by Situation

✓Right to remain silent — you must identify yourself in most states, but beyond that you can invoke your right to silence
✓Right to refuse consent to a search of your vehicle
✓Right to record the encounter in public
✓Right to ask "Am I free to go?" — if detained, ask why
✓Right to an attorney if you are arrested

"I do not consent to a search."

"Am I free to go?"

"I am invoking my right to remain silent."

"I would like to speak to an attorney."

"I am recording this encounter for my protection."

Search your vehicle without probable cause or your consent

Detain you indefinitely without reasonable suspicion or probable cause

Search based solely on your refusal to consent

Use excessive force

Demand you unlock your phone

Extend the stop unreasonably beyond the traffic violation purpose (Rodriguez v. United States)

1.Write down everything you remember as soon as possible — officer's name, badge number, patrol car number, time, location
2.If you were searched without consent, note everything that was searched
3.Take photos of the scene, any damage, or injuries if applicable
4.Contact an attorney if you believe your rights were violated
5.File a complaint with the department's internal affairs if appropriate
6.Your AiWitness evidence package is automatically generated — download it from your dashboard