Search
Daniel Coble
- Mar 14, 2021
Rules of Evidence & Suppression Hearings
The Rules of Evidence generally apply in trials and other hearings that result in a final disposition. However, even if the rules do not...
Daniel Coble
- Dec 28, 2020
When can law enforcement conduct a "knock and talk" ?
State v. Kotowski ***This is not legal advice***
Daniel Coble
- Aug 31, 2020
The 4th: Subjective and objective test
Subjective and Objective Test The Fourth Amendment only protects an individual from unreasonable searches and seizures when that...
Daniel Coble
- Aug 24, 2020
The 4th: In the car of another
What happens when an individual is driving a rental vehicle, and they are not on the rental contract? The U.S. Supreme Court recently...
Daniel Coble
- Aug 17, 2020
The 4th: Abandonment
Abandonment is considered an exception to the warrant requirement. However, the S.C. Supreme Court has held that an abandonment analysis...
Daniel Coble
- Aug 10, 2020
The 4th: Seizure
Under Fourth Amendment law, a seizure usually occurs in one of two instances: a seizure of a person, or a seizure of property. A seizure...
Daniel Coble
- Aug 3, 2020
The 4th: Third party consent
In many situations, two or more people reside at a residence and thus have concurrent expectations of privacy. In this situation, the...
Daniel Coble
- Jul 27, 2020
The 4th: Bad search warrant
“In State v. Smith, 301 S.C. 371 (1990), Smith moved to suppress a knife, allegedly used in a robbery, which was seized from his motel...
Daniel Coble
- Jul 20, 2020
The 4th: Search
A search occurs when an individual’s reasonable expectation of privacy has been infringed.[1] Case Law “A search occurs when ‘an...
Daniel Coble
- Jul 13, 2020
The 4th: Search incident to arrest
A search incident to arrest allows an officer to conduct a warrantless search of an individual if they are under arrest (or immediately...
Daniel Coble
- Jun 29, 2020
The 4th: Stop and frisk
Under Terry v. Ohio, an officer is allowed to briefly detain and frisk an individual if that officer has reasonable suspicion that...
Daniel Coble
- Jun 15, 2020
The 4th: Plain view
Under the plain view doctrine, an officer may seize an object and introduce it as evidence if the officer was lawfully in the place where...
Daniel Coble
- Jun 8, 2020
The 4th: Consent
An officer does not need a search warrant if an individual gives him consent to search. However, the consent must be voluntary and not...
Daniel Coble
- Jun 1, 2020
The 4th: Exclusionary rule
The remedy for a violation of an individual’s Fourth Amendment rights is called the exclusionary rule. Also known as the fruit of the...