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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...