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Daniel Coble
- May 27, 2020
SCOTUS and Warrantless Blood Draws DUI
State v. Key ***This is not legal advice***
Daniel Coble
- May 25, 2020
The 4th: Good faith
“In Davis v. United States, the United States Supreme Court stated that the exclusionary rule does not apply in cases where ‘the police...
Daniel Coble
- May 21, 2020
Burden of Proof for Warrantless Search
"At no time has this Court placed the burden on a defendant to establish that an exception to the warrant requirement does not exist."...
Daniel Coble
- May 20, 2020
Blood Collection is a Search
"It is settled that the collection of a person's blood for BAC testing is a search and a seizure under the Fourth Amendment." State v. Key
Daniel Coble
- May 18, 2020
The 4th: Inevitable discovery
“The inevitable discovery doctrine, one exception to the exclusionary rule, states that if the prosecution can establish by a...
Daniel Coble
- May 14, 2020
Justice Sotomayor's Dissent and Burden Shifting
In the previous blog post, I discussed the new SC Supreme Court case State v. Key. This case seems to follow the dissent in Mitchell...
Daniel Coble
- May 14, 2020
DUI: Warrantless blood searches and burden shifting
Last year, the US Supreme Court handed down a case that dealt with DUIs and warrantless blood searches, Mitchell v. Wisconsin. In short,...
Daniel Coble
- May 11, 2020
The 4th: Independent source
“The independent source doctrine does not rest upon such metaphysical analysis, but upon the policy that, while the government should not...
Daniel Coble
- Apr 11, 2020
Carpenter, the Exclusionary Rule, and Retroactivity
In 2018, SCOTUS ruled that individuals have a legitimate expectation of privacy in Cell Site Location Information (CSLI) and that the...
Daniel Coble
- Apr 6, 2020
Big SCOTUS Fourth Amendment Case: Kansas v. Glover
The Supreme Court has handed down a case that analyzed reasonable suspicion and traffic stops. In Kansas v. Glover, an officer saw a...
Daniel Coble
- Mar 26, 2020
Stale Search Warrants: “Probable cause, with time, dissipates”
In a recent SC Supreme Court case, State v. Simmons, the court analyzed a search warrant for a computer in regards to child pornography....
Daniel Coble
- Mar 25, 2020
DUI Checkpoint: must make it to checkpoint
State v. Williams, 417 S.C. 209, 220, 789 S.E.2d 582, 588 (Ct. App. 2016)
Daniel Coble
- Mar 24, 2020
Suppression hearing but no Franks hearing?
When law enforcement uses a search warrant to obtain evidence and that evidence is used at trial, the defense will likely attempt to have...
Daniel Coble
- Feb 19, 2020
South Carolina & Fourth Amendment & Riley
In a recent SC Supreme Court case, the court had to determine whether or not a search of a defendant's cell phone violated his Fourth...