South Dakota
Improving open records law in SD an uphill battle for advocates
Part 3 of a 3-part series.
In 2020, a bill was filed in South Dakota that would have spelled out extensive rules for how police body camera footage can be obtained, maintained, used and shared.
Then-Sen. Reynold Nesiba, a Sioux Falls Democrat and primary sponsor of the bill, said that without a state law, police agencies across the state are on their own to decide how and when to use cameras, what happens to the footage and who should have access to the videos.
Without such a law, South Dakota would remain behind many other states that already regulate police videos, he said.
“In South Dakota, we have a patchwork and it depends on the individual police department … (and) I think it puts our law enforcement in a really difficult position,” said Nesiba. “I think it would be helpful to have guiding statute under what conditions it becomes a public record, who can ask for that record and under what conditions it can be released or held back.”
Opposition to the measure came from state, county and local law enforcement officials, who testified that the measure was unnecessary because police agencies across the state use a set of “best practices” to guide use of body cameras.
The six-page bill, Senate Bill 100, never made it to a vote. Instead, the measure’s original language was gutted immediately in committee and an amendment to recommend a legislative summer study session on body cameras videos was voted down.
New records laws unlikely in South Dakota
Since then, no other police video bill has been filed in the Legislature, according to a review of measures filed.
Given the current makeup of the South Dakota Legislature, support for enacting legislation related to release of police videos appears unlikely, said David Bordewyk, executive director of the South Dakota NewsMedia Association.
“We are on an island because our law is so weak in this area. And a consequence is loss of public trust and having full confidence in the accountability of law enforcement,” he said. “That’s not to say that distrust is the default because it’s not. But by not having good public access to these types of records, it can feed distrust and misinformation in the community.”
Bordewyk pointed out that it took him and other First Amendment advocates several years to make it legal for police agencies in South Dakota to release criminal booking photos and police logs that show when and where officers respond.
“Those are commonplace public records in every other state in the nation forever, and it took moving heaven and earth to make those a public record in South Dakota,” he said. “There’s this embedded DNA that because we’re a small state, we know each other and trust each other, and we can trust law enforcement is going to do the right thing.”
“By not having good public access to these types of records, it can feed distrust and misinformation in the community.”
— David Bordewyk, executive director of the South Dakota NewsMedia Association
State Sen. Helene Duhamel, a Rapid City Republican, told News Watch in an email that she supports the current open records law, which gives law enforcement agencies full discretion on if or when to release police videos to the public.
“I am not pursuing changes to current public records laws involving law enforcement video,” wrote Duhamel, a former television newscaster who now works as the spokeswoman for the Pennington County Sheriff’s Office. “Body worn cameras are used every day by our largest agencies in South Dakota. It is one of the most successful policing reforms of the 21st century.”
Duhamel said police videos can be seen by the public if they attend court proceedings where the videos are shown. “The video is evidence and not entertainment,” she wrote.
South Dakota ranks low in openness
South Dakota ranks at or near the bottom in more than a dozen analyses of public access to records, especially when it comes to law enforcement agencies, said David Cullier, director of the Brechner Freedom of Information Project at the University of Florida.
“They allow police to keep everything secret, and that’s against the basics of public records laws that have been around for hundreds of years,” he said. “If I lived in South Dakota, I would be up in arms because it turns out South Dakota is one of the most secretive states in the nation.”
Cullier said expanding public and press access to law enforcement records tends to make police agencies more transparent but also more accountable for their actions. And it ultimately leads to better performance by officers in the field, he said.
“It’s a way of making sure our police officers are doing their jobs that we entrust them to do because the body cams tell the story,” Cullier said. “When they deny records requests, they’re not saying ‘no’ to journalists and the media. They’re saying ‘no’ to the million people who live in South Dakota.”
Cullier said the American public has demanded more access to police videos after several high-profile incidents in which illegal and misreported shootings by police officers were captured on camera.
Among them: the 2014 killing of Laquan McDonald by a Chicago police officer; the 2015 South Carolina shooting death of Walter L. Scott, who was unarmed and running away from the officer who shot him; and the 2020 murder of George Floyd by an officer in Minneapolis.
In the McDonald killing, officer Jason Van Dyke initially reported that the 17-year-old had charged at him with a knife, and the shooting was ruled justified. A year later, when the video was released publicly, it showed the boy walking away from officers and not brandishing a knife prior to being shot 16 times. Van Dyke was convicted of second-degree murder.
Despite calls for more openness, and some state laws passed to expand open-records laws, most state legislatures have not taken steps to improve public access to police videos, Cullier said.
“I think we’ve seen a public push, especially since Floyd and other police brutality and killings,” he said. “Unfortunately, I don’t think a lot of legislatures have been moved by it. And I don’t think we’re going to see improvement unless the public continues to demand it.”
Challenging even for lawyers to obtain videos
The ability of prosecutors or judges to block access to videos can protect officers who might have acted illegally or improperly, said Jeffrey Montpetit, a Minneapolis attorney who has worked several civil cases involving law enforcement activities in South Dakota.
“I know of two cases I had in South Dakota where the courts basically said this video isn’t getting out because we don’t like what it shows,” he said.
The lack of access to police videos can inhibit the ability of the public to file civil claims against law enforcement officers who are alleged to have used excessive force or violated someone’s rights, Montpetit said.
“Without video, you’re out of luck,” he said.
“When they deny records requests, they’re not saying ‘no’ to journalists and the media. They’re saying ‘no’ to the million people who live in South Dakota.”
— David Cullier, director of the Brechner Freedom of Information Project at the University of Florida
Defense attorneys who take cases on a contingency basis are unlikely to accept cases where a judgment might come down to the word of a police officer versus the claims of a member of the public, he said.
“The trooper, sheriff or police officer can write some B.S. report that the defendant resisted or took a swing at him,” Montpetit said. “Then all you’re getting is a credibility comparison between someone who may be a felon and a law enforcement officer, and you’re going to lose those cases.”
Also, members of the public who cannot afford to hire an attorney are unlikely to obtain videos that could help make a case against an officer or the government, he said.
“Without video, there’s not a lot of options for lawyers to undertake those efforts,” Montpetit said.
Rural sheriff supports a possible state law
Alan Dale, sheriff of Corson County, said videos of interactions with the public or perpetrators have mainly been used to help prosecutors prove crimes or have helped his deputies respond to unwarranted complaints.
“In one incident, we had someone complain the officer searched a vehicle without cause. And when we watched the video, it showed the man actually giving the deputy his consent to search,” Dale said.
News Watch submitted a request to view videos of a June 30, 2023, incident in which a Corson County deputy and tribal officers engaged in a vehicle chase with 25-year-old Samir Albadhani, who brandished a gun before being shot and wounded by officers. Dale forwarded the request to the local state’s attorney, who declined the News Watch request.
Dale said he isn’t sure if police videos should become an open record for press or public viewing in South Dakota, but he would support some form of legislation to create a uniform approach for cameras and videos for all agencies across the state.
“When I first started in law enforcement, we didn’t have cameras,” Dale said. “But now I wouldn’t want to be in law enforcement without them because the cameras don’t lie.”
“I don’t feel that we’re done yet, and I feel there’s more work to be done on that.”
— South Dakota Attorney General Marty Jackley
South Dakota Attorney General Marty Jackley said that while serving two separate stints in the office, he has formed three task forces to examine public meetings and records laws, which have led to more openness.
Jackley, who is running for South Dakota’s lone seat in the U.S. House of Representatives, said he is willing to ask his ongoing open meetings task force or a new task force to consider whether police videos should be more publicly accessible.
“I don’t feel that we’re done yet, and I feel there’s more work to be done on that,” he said.
Read parts 1 and 2 of the 3-part series:
Police videos in SD: Public pays costs but cannot see footage
As more states begin to provide public access to videos captured by law enforcement agencies, South Dakota continues to keep a tight lid on them.
With discretion left to agencies, police video releases rare
When videos and still images have been released, they tend to justify officer use of force or highlight humorous on-the-job interactions.
This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email to get stories when they’re published. Contact content director Bart Pfankuch at bart.pfankuch@sdnewswatch.org.
(South Dakota News Watch) – Yes. South Dakota is one of almost 30 states that require front and back license plates on vehicles, though there are a couple of exceptions.
Vehicles that are used for “occasional transportation, public displays, parades and related pleasure hobby activities” can use a rear-only plate. The plates cost $25 in addition to the normal registration cost. To qualify, drivers must provide their odometer reading at the time of registration and not exceed 7,500 miles in a year.
Motorcycles are also only required to have one plate.
Why use rear-only plates? Many owners don’t like how front plates take away from the aesthetic of their vehicles. But dual plates are touted as a way to assist law enforcement with crime.
South Dakota offers more than a dozen different types of plates: construction, emblem, habitat conservation, Dignity sculpture, historical, amateur radio license, disabled person, firefighter, EMS, tribal, tribal veteran, veteran and several military plates.
Source
South Dakota Department of Revenue, Personalized and Specialty Plates
South Dakota Department of Revenue, License plate application
Lakota Times, South Dakota specialty plates available July 1
South Dakota laws, 32-5-98
Thompson Law Injury lawyers, Which states require front license plates?
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This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email to get stories when they’re published. Contact Michael Klinski at michael.klinski@sdnewswatch.org.
Copyright 2025 South Dakota News Watch. All rights reserved.
The South Dakota Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 22, 2025, results for each game:
Winning Powerball numbers from Dec. 22 drawing
03-18-36-41-54, Powerball: 07, Power Play: 2
Check Powerball payouts and previous drawings here.
Winning Lucky For Life numbers from Dec. 22 drawing
09-16-23-34-46, Lucky Ball: 07
Check Lucky For Life payouts and previous drawings here.
Winning Lotto America numbers from Dec. 22 drawing
01-09-18-19-44, Star Ball: 02, ASB: 05
Check Lotto America payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
Are you a winner? Here’s how to claim your prize
- Prizes of $100 or less: Can be claimed at any South Dakota Lottery retailer.
- Prizes of $101 or more: Must be claimed from the Lottery. By mail, send a claim form and a signed winning ticket to the Lottery at 711 E. Wells Avenue, Pierre, SD 57501.
- Any jackpot-winning ticket for Dakota Cash or Lotto America, top prize-winning ticket for Lucky for Life, or for the second prizes for Powerball and Mega Millions must be presented in person at a Lottery office. A jackpot-winning Powerball or Mega Millions ticket must be presented in person at the Lottery office in Pierre.
When are the South Dakota Lottery drawings held?
- Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
- Mega Millions: 10 p.m. CT on Tuesday and Friday.
- Lucky for Life: 9:38 p.m. CT daily.
- Lotto America: 9:15 p.m. CT on Monday, Wednesday and Saturday.
- Dakota Cash: 9 p.m. CT on Wednesday and Saturday.
This results page was generated automatically using information from TinBu and a template written and reviewed by a South Dakota editor. You can send feedback using this form.
Five months after Operation: Prairie Thunder officially began, the South Dakota Highway Patrol’s collaborative anti-crime and immigration enforcement effort will continue into the new year, the governor’s office has confirmed.
The program was originally announced by Gov. Larry Rhoden to take place from July 28 through December.
One portion of Operation: Prairie Thunder involves the state’s entrance into multiple 287(g) agreements with U.S. Immigration and Customs Enforcement that allow ICE to delegate some authority to state and local law enforcement agencies.
That happened as immigration enforcement operations ramped up after the inauguration of President Donald Trump, who nominated former South Dakota Gov. Kristi Noem as the Department of Homeland Security secretary.
Under Trump and Noem, more than 500,000 people have been deported from the country, according to Homeland Security, which has not released state-by-state deportation numbers.
ICE arrest data indicates focus on Hispanic, male individuals
In South Dakota, ICE and Homeland Security have been visible, especially in small towns in the eastern part of the state.
In July, ICE confirmed an active investigation at the Trail King Industries Inc. manufacturing plant in Mitchell, though no further information has been released about whether that investigation resulted in arrests, detainments or deportations.
In May, Manitou Equipment and Global Polymer Industries in Madison saw eight people arrested on immigration charges.
And in October, Drumgoon Dairy near Lake Norden confirmed that the company had been subjected to an immigration audit by Homeland Security, which is not the same as an immigration raid. But it resulted in the forced termination of 38 employees with citizenship information that was outdated, inaccurate or incomplete.
While nationwide ICE arrests and deportations have targeted a wide variety of individuals from multiple countries – including in neighboring Minnesota, where Somalian people have been the most recent target of ICE operations – South Dakota arrests have involved nearly all Hispanic people.
Most recent ICE arrestees in South Dakota are citizens of Mexico and Central America, with the majority coming from Mexico and Honduras, and 98% are male, according to government data obtained via a FOIA request from the Deportation Data Project and analyzed by South Dakota News Watch.
The project currently retains accurate state-based data from July 1 to Oct. 15. The data cannot accurately reflect any arrests prior to July 1 but can help to understand general arrest trends in South Dakota.
Hispanic people across the state have reported feeling less safe, said Ivan Romero, vice president of the South Dakota Hispanic Chamber of Commerce. The Latino Festival and Parade, which is hosted in Sioux Falls by the South Dakota Hispanic Chamber of Commerce, was canceled this year due to safety concerns, Romero told News Watch in October.
Hispanic population thrives in one small SD town
Rural towns like Plankinton, population 768, are growing their community services to fill needs.
“That was unfortunate, but people just don’t feel comfortable coming to Sioux Falls at this point,” he said.
The vast majority of detainer requests from July 1 to Oct. 15 went to the Minnehaha County Jail in Sioux Falls, followed by the Pennington County Jail in Rapid City and the South Dakota State Penitentiary in Sioux Falls.
The Deportation Data Project defines detainer requests as “all requests to state, county, and municipal jails and prisons either for a person to be held on a detainer or for a notification of release date and time. A detainer is a request to a local jail to hold someone for 48 hours beyond when they otherwise would be released so that ICE can make an arrest in the jail while the individual remains detained.”
ICE said that detainer requests are most often lodged against an individual in an agency’s custody that poses a “public safety threat.” Other Homeland Security agencies can issue detainers, but most come from ICE, according to the agency’s website.
Operation: Prairie Thunder focuses on drug operations
To date, ICE has signed more than 1,200 287(g) agreements with agencies in 40 states, including five with various South Dakota agencies enabling parts of Operation: Prairie Thunder.
Those agreements take three different forms:
- Task Force Agreement: The “force multiplier” program that allows law enforcement officers to adopt limited immigration enforcement duties, with ICE oversight. The South Dakota Highway Patrol signed this agreement on May 22 and the South Dakota Department of Criminal Investigations signed it on June 11.
- Warrant Service Officer: Allows law enforcement officers to execute warrants on behalf of ICE on individuals in their agency’s jail. The South Dakota Department of Corrections signed this agreement on Aug. 28, the Minnehaha County Sheriff’s Office signed it on March 17 and the Hughes County Sheriff’s Office in Pierre signed it on March 7.
- Jail Enforcement Model: Allows law enforcement officers to identify and process individuals who may be in violation of immigration laws while they are serving time in their agency’s jail. The DOC signed this agreement on July 25.
While Operation: Prairie Thunder’s immigration enforcement prong has been well-publicized in the state, the majority of the program’s activity comes from enhanced traffic monitoring and drug enforcement, according to data released from the governor’s office.
According to a press release from Operation: Prairie Thunder, 260 of 406 – 64% – of individuals currently in custody as a result of Operation: Prairie Thunder have a drug charge and 156 have been cited with a drug charge and released. More than 2,000 traffic citations have been issued.
The “ICE Contacts” section of Operation: Prairie Thunder’s most recent dataset said that 89 people had been contacted in ICE-related situations since the program was announced. A representative from the Department of Public Safety told News Watch in a statement: “The intent of (Operation: Prairie Thunder) is to reduce crime in our communities.
“It is important to note that any ICE contacts are incidental contacts – we aren’t seeking out illegal aliens during the saturation patrols. However, the 287(g) agreement allows us to coordinate swiftly with ICE if a stop uncovers undocumented individuals. Those undocumented, non-citizens, are the people counted as ‘Individuals Contacted.’ Not all of those found to be undocumented are taken into custody, per ICE guidance, therefore the ‘Contacts’ and ‘Arrests’ sections differ.”
The program, which initially concentrated most of its efforts in Sioux Falls and the surrounding area, has started other efforts across the state.
Operation: Prairie Thunder most recently carried out operations in Belle Fourche, Huron and Yankton, where 75 individuals were taken into custody, 42 with a drug charge. Twenty-seven people were identified as ICE contacts.
The city of Brookings issued a statement on Dec. 12 that the operation would be coming to town Dec. 17-19 and that the city “would not be participating.”
Josie Harms, Rhoden’s press secretary, said the ongoing arrest and citation statistics indicate successful crime-fighting efforts.
“Our results remain impressive, and it is clear that this operation is keeping South Dakota strong, safe, and free — so we are going to keep it up,” Harms said in a statement.
This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email for statewide stories. Investigative reporter Molly Wetsch is a Report for America corps member covering rural and Indigenous issues. Contact her at molly.wetsch@sdnewswatch.org.
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