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 Fourth Amendment, it actually goes a bit further in its protections.[3]



Case Law

“The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures: ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated....’ U.S. Const. amend. IV. The South Carolina Constitution also provides a safeguard against unlawful searches and seizures. The relationship between the two constitutions is significant because ‘[s]tate courts may afford more expansive rights under state constitutional provisions than the rights which are conferred by the Federal Constitution.’ Id. Therefore, this Court may interpret the state protection against unreasonable searches and seizures in such a way as to provide greater protection than the federal Constitution. In addition to language that mirrors the Fourth Amendment, S.C. Const. art. 1 § 10 contains an express protection of the right to privacy: ‘The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated....’ By articulating a specific prohibition against ‘unreasonable invasions of privacy,’ the people of South Carolina have indicated that searches and seizures that do not offend the federal Constitution may still offend the South Carolina Constitution. Accordingly, the South Carolina Constitution favors an interpretation offering a higher level of privacy protection than the Fourth Amendment.”

State v. Weaver, 374 S.C. 313, 321–22 (2007).


[3] State v. Weaver, 374 S.C. 313, 321–22 (2007)

© 2020 by Everyday Evidence

Daniel@everydayevidence.og

  • LinkedIn Social Icon
  • Twitter Social Icon
  • Facebook Social Icon