» Right to Privacy
Confrontation Clause vs. Witness' Privacy
November 27th, 2017
In State v. Blackwell, 420 S.C. 127, 801 S.E.2d 713 (2017), the South Carolina Supreme Court addressed what the Court termed “the novel question of whether a criminal defendant’s constitutional right to confront a witness trumps a witness…
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Categories: Blog
SC Supreme Court Enforces Fourth Amendment
October 16th, 2014
In State v. Adams, the South Carolina Supreme Court recognized limits on law enforcement’s ability to track a citizen’s vehicle with a GPS device, set a trap, and search the vehicle for drugs. In doing so, the Court enforced United States v.…
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Categories: Blog
Cell Phone Privacy
June 25th, 2014
On June 25, 2014, the Supreme Court of the United States decided Riley v. California, holding that a search warrant is required before the police can search digital information on a cell phone that was seized pursuant to an arrest. Chief Justice Robe…
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Categories: Blog
Update: Satellite Monitoring of Sex Offenders Requires Judicial Review -- Amended Opinion Issued in State v Dykes
July 24th, 2013
A prior blog post, “Satellite Monitoring of Sex Offenders Requires Judicial Review,” discussed the South Carolina Supreme Court’s opinion in State v. Dykes. On July 24, 2013, our Supreme Court denied rehearing in Dykes and issued a…
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Categories: Blog
United States Supreme Court Authorizes Collection of DNA Sample Following Arrest for Serious Offense
June 14th, 2013
In Maryland v. King, a sharply divided five-to-four opinion decided on June 3, 2013, the United States Supreme Court held: When Officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the statio…
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Categories: Blog
Satellite Monitoring of Sex Offenders Requires Judicial Review
June 6th, 2013
Section 23-3-540 of the South Carolina Code of Laws requires mandatory, lifetime satellite monitoring of people convicted of first-degree criminal sexual conduct with a minor or committing a lewd act on a minor. On May 22, 2013, in State v. Dykes, th…
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Categories: Blog