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Daniel Coble
- Feb 28, 2019
The 4th: In the home of another
If a person is inside their own home, then most likely they have an expectation of privacy there.[1] But what about when an individual is...
Daniel Coble
- Feb 21, 2019
New Rule for Plain View? Or just simplification...
The S.C. Supreme Court affirmed the court of appeals on a case discussing two exceptions to the warrant requirement: plain view doctrine...
Daniel Coble
- Feb 18, 2019
Seizures: Person vs. Object
It is normal to hear of a Fourth Amendment violation when law enforcement unreasonably extends a traffic stop. However, it isn't often...
Daniel Coble
- Feb 5, 2019
The 4th: Procedure for record keeping
“(A) Every judiciary official authorized to issue search warrants in this State shall keep a record along with a copy of the returned...
Daniel Coble
- Jan 17, 2019
The 4th: Procedure for issuing
“If the magistrate, municipal judge, or other judicial officer abovementioned is satisfied that the grounds for the application exist or...
Daniel Coble
- Jan 13, 2019
The 4th: What can be searched and seized?
“(1) stolen or embezzled property; (2) property, the possession of which is unlawful; (3) property which is being used or has been used...
Daniel Coble
- Jan 11, 2019
The 4th: Affidavit
“A warrant issued hereunder shall be issued only upon affidavit sworn to before the magistrate, municipal judicial officer, or judge of a...
Daniel Coble
- Jan 8, 2019
The 4th: Who can issue a search warrant?
“Any magistrate or recorder or city judge having the powers of magistrates, or any judge of any court of record of the State having...
Daniel Coble
- Jan 6, 2019
The 4th: Burden of Proof
Burden of proof In order to challenge a search or seizure, a party will most likely need to file a motion to suppress. While, the State...
Daniel Coble
- Jan 5, 2019
The 4th: U.S. vs. S.C. Constitution
U.S. Const. vs. S.C. Const. While the South Carolina’s protection against unreasonable searches and seizures is nearly identical to the...
Daniel Coble
- Jan 4, 2019
#1 New Release in Legal Reference
Court Rules of South Carolina is a compilation of the most up to date court rules in this state. This book makes it easy to carry around...
Daniel Coble
- Jan 3, 2019
The 4th: Introduction
Fourth Amendment Analysis When deciding if there has been a violation of an individual’s Fourth Amendment rights, a court might follow...
Daniel Coble
- Dec 22, 2018
The 4th: Available Now!
The 4th is available now on Amazon!
Daniel Coble
- Dec 11, 2018
Abandonment: Exception or Prerequisite?
A few posts ago, we discussed the abandonment doctrine as it applied to cell phones. This led to the question of whether or not the...