The SD Supreme Court handed down one decision this morning, holding inter alia:
- Public Access to
Search Warrants and related documents upheld
Summary
follows:
MATTER
OF IMPLICATED INDIVIDUAL, 2021 S.D. 61:
This appeal concerns public access to search warrants and related
material. The SD Supreme Court affirmed
the lower court, ruling against the Implicated Individual. The basic facts and result at the trial level
are summarized in ¶1. as follows:
[¶1.] A special agent of the
South Dakota Division of Criminal Investigation (DCI) sought several search
warrants involving the Implicated Individual. The circuit court approved the
warrants, which, along with the supporting affidavits and inventories, were
filed with the clerk of courts. The circuit court sealed the search warrant
files at the agent’s request, but later reconsidered its authority to do so
after members of the press sought access to the files. The court ultimately
ordered the search warrants and corresponding inventories to be unsealed.
The
SD Supreme Court affirmed the lower court, stating the following in the final
paragraph of the opinion:
[¶35.] Notwithstanding the
skilled advocacy on behalf of the parties, the question we confront here is not
a close one. The express provisions of SDCL 23A-35-4.1 control the access to
information issue presented in this case, as specifically contemplated by our
rules concerning access to court records. There is nothing new or novel about
our statutory analysis and conclusion, and there is no justification for
restricting the application of our decision to prospective, future cases. We
affirm the circuit court’s amended orders. With the exception of the affidavits
in support of the five search warrants, our current order sealing the Supreme
Court clerk’s appellate file will be dissolved following the expiration of the
time for petitioning forrehearing or the resolution of a petition seeking
rehearing, provided we do not grant the petition.
The
ruling is unanimous (5-0) with opinion authored by Justice Salter.
This
decision may be accessed at
