Legal Question in Criminal Law in South Carolina
warrantless search and seizure
If the police enter and do not acknowledge themselves as such, and the a private home without a warrant or consnt of the occupant. They search the premises and find narcotics in which they went straight to and did not damage the house or property and shortly thereafter arrested the individual for trafficking. They were in pursuit of another individual whom was not present. At the time of this search there was another search of another known location of the individual in pursuit.No warrant was issued or given to the individualuntil arriving at police station interrogation room. Note that upon entry into the home the officers shouted ''search warrant'' and the occupant asked to see it and the officer stated it is enroute. The supposedly found drugs were not showed to the occupant or transported in lieu of the occupant's transport to Department. What are the individuals rights and is this warrantless search coverd under law or constitution? If possible could case file names and other helpful information similar to this case be offered to me.
1 Answer from Attorneys
Re: warrantless search and seizure
There are exceptions to the search and seizue laws that require a seach warrant before entering a private resident. I don't know enough about the case you are referring to in order to tell if an exception exists. Trafficing is one of the most serious drug chages there are. If you don't have one, I suggest getting one immediately, who can also help you regarding the warrant question. If you can't afford one, the state will provide you with an attorney for free. In the meantime, if you care to discuss your case and give me more information so I can attempt to answer your questions, you are welcome to call. Robert J. Johnston 843-828-1137
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
