What must exist over a prisoner to constitute immediate custody under South Dakota law?

Immediate custody, as defined under South Dakota law, necessitates the exercise of physical control over a prisoner. This means that law enforcement must have a tangible, direct influence over the individual, indicating they are in custody. Physical control often involves being within arm's reach of the individual or the authority to restrict their movements against their will, thereby ensuring the individual cannot freely leave or act without the officer's permission.

This element of immediate custody is crucial for upholding the legal requirements surrounding the detention and rights of individuals being processed within the law enforcement system. It establishes the framework within which law enforcement can perform their duties, ensuring that actions taken are within the confines of legality and protect the rights of detainees.

Other options like a verbal agreement, written notice, or informed consent do not fulfill the necessary legal criteria for immediate custody, as they do not demonstrate that law enforcement has actual, physical control over the individual in question. This understanding is vital for anyone involved in law enforcement or studying law in South Dakota, as it clarifies the standard for what constitutes legitimate custody in a legal context.