If you were accussed of pointing a gun at someone and the police check your car within a few minutes of the call and they find nothing what can be don

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If you were accussed of pointing a gun at someone and the police check your car within a few minutes of the call and they find nothing what can be don

Asked on April 27, 2009 under Criminal Law, South Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't understand? Someone called the police on you and did they or didn't they find a gun on your person (you)? Was there corroboration by other witnesses? A citizen's arrest? Someone can make a citizen's arrest (non police) in your state if:   23A-3-3.   Citizen's arrest. Any person may arrest another:

             (1)      For a public offense, other than a petty offense, committed or attempted in his presence; or
             (2)      For a felony which has been in fact committed although not in his presence, if he has probable cause to believe the person to be arrested committed it.

Source: SDC 1939 & Supp 1960, § 34.1608; SDCL, § 23-22-14; SL 1978, ch 178, § 16.
So, if the person made a citizen's arrest of you and called the police, that's person's testimony can be used against you.  Have you been arrested?  Do you have a public defender?  Do you have private criminal defense counsel?  Try www.attorneypages.com or the South Dakota state bar or legal aid. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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