Many of us have seen or come across a DUI checkpoint. Do you know what your rights are if you are forced to enter one? Did you know that you can challenge the legality of those checkpoints if you were arrested for DUI? This article discusses the requirements for DUI checkpoints in Charleston, South Carolina… Read More
Defenses to unlawful police searches
In another victory for the Fourth Amendment, the South Carolina Supreme Court held that drug evidence discovered during a traffic stop was the result of an unlawful search which. was subject to the exclusionary rule. State v. Adams. A defense to unlawful police searches – exclusionary rule The exclusionary rule was created by judges as a remedy for fourth… Read More
Can Police Open My Car Door?
Can police open my car door during a traffic stop? In McHam v. State, a case of first impression, the South Carolina Supreme Court was asked to decide whether an officer may open a car door during a valid traffic stop without violating the 4th Amendment against unreasonable search and seizures. What we do know is… Read More
South Carolina’s Immigration Policy Softened
Immigration Policy softened – Police Can’t Prolong Traffic Stop for Civil Immigration Violation It looks like South Carolina’s immigration policy of extending traffic stops based solely to check the immigration status of an individual will no longer be enforced. The state’s law is known as SB 20. The issue came to a head when State… Read More
Nervousness is no reason to prolong a traffic stop – Drugs suppressed
It seems our courts are following the Fourth Circuit in getting fed up with law enforcement and prosecutors alike trying to mold innocent acts into reasonable suspicion as a basis to detain you beyond the completion of a traffic stop . In State v. Moore, the SC Court of Appeals stated: We share the Fourth Circuit’s… Read More
