Results
· Ranked by Syfertize
State v. Weaver · 0 red 0 yellow 20 green 0 procedural Cited as authority (citing case) Cited as authority German Cited as authority German Open case for full Syfertize analysis → 67
...However, the return was never made on the warrant as required by S.C.Code Ann. § 17-13-140 (2003). The State indicated they were not relying on the search warrant, but were instead contending it was a valid warrantless search. Therefore, the trial judge analyzed the question of the...
State v. Dunbar · 0 red 0 yellow 167 green 1 procedural Cited as authority (citing case) Cited as authority (citing case) Cited as authority (citing case) Open case for full Syfertize analysis → 65
...The Court of Appeals reversed the trial judge, finding the search warrant did not comply with the warrant statute.
The Court of Appeals addressed the search warrant, and its underlying affidavit, by analyzing the issue under S.C.Code Ann. § 17-13-140 (2003), even...
State v. Jones · 0 red 0 yellow 16 green 0 procedural Cited as authority (citing case) Cited as authority Gibbs Cited as authority (citing case) Open case for full Syfertize analysis → 60
...The Court of Appeals held that the evidence should be suppressed because the false affidavit circumvented the affidavit requirement of S.C.Code Ann. § 17-13-140 (1985) and
State v. McKnight,
State v. Herring · 0 red 2 yellow 25 green 0 procedural Cited "but see" (citing case) Cited "but see" (citing case) Cited as authority Collins Open case for full Syfertize analysis → 62
...Herring also contends the subsequent SLED search of his home was illegal inasmuch as it a) resulted from the two prior illegal searches, and b) the SLED warrant was invalid as it was not issued in compliance with S.C.Code Ann. § 17-13-140. For numerous reasons, we find...
State v. Baccus · 1 red 0 yellow 151 green 2 procedural Vacated Drayton Cited as authority Rodriguez Cited as authority (citing case) Open case for full Syfertize analysis → 66
...establishing the grounds for the warrant.” S.C.Code Ann. § 17-13-140 (2003);
see also State v. McKnight,
291 S.C. 110,
State v. Crane · 0 red 0 yellow 12 green 0 procedural Cited as authority (citing case) Cited as authority Jones Cited as authority Jones Open case for full Syfertize analysis → 71
...McKnight
involved the statutory sufficiency of a search warrant.
See
S. C. Code Ann. § 17-13-140 (1985).
State v. Covert · 0 red 0 yellow 5 green 0 procedural Cited as authority (citing case) Cited as authority (citing case) Cited as authority Lemire Open case for full Syfertize analysis → 63
...Respondent argued that, without the magistrate’s signature, the warrant was not issued within the meaning of South Carolina’s search warrant statute, S.C.Code Ann. § 17-13-140 (1985). The trial judge refused to suppress the evidence even though he found the warrant had not been signed before...
State v. Cheeks · 0 red 0 yellow 7 green 0 procedural Cited as authority (citing case) Cited as authority (citing case) Cited as authority (citing case) Open case for full Syfertize analysis → 72
...I, § 10 and S.C.Code Ann. §§ 17-13-140 and -160 (2003). Our decision disposes of all grounds.
. Bivens v. Six Unknown Fed. Narcotics Agents,
State v. Kinloch · 0 red 0 yellow 11 green 0 procedural Cited as authority (citing case) Cited as authority (citing case) Cited as authority (citing case) Open case for full Syfertize analysis → 70
...Kinloch also raised a state constitutional argument and an argument as to the purported infirmity of the search warrant pursuant to S.C.Code Ann. § 17-13-140 (2014). Neither impacts our analysis or decision today.
State v. Dunbar · 0 red 0 yellow 5 green 0 procedural Cited as authority (citing case) Cited as authority Boxx Cited as authority Wright Open case for full Syfertize analysis → 59
...the South Carolina Code mandates that a search warrant 'shall be issued only upon affidavit sworn to before the magistrate (quoting S.C.Code Ann. § 17-13-140).
. Although our finding that the search warrant lacked probable cause because the facts...
State v. Long · 0 red 0 yellow 3 green 0 procedural Cited as authority (citing case) Cited as authority (citing case) Cited as authority Hood Open case for full Syfertize analysis → 73
...All proceedings before magistrates shall be summary ... ”). Furthermore, the General Assembly has distinguished magistrate and municipal courts from courts of record. S.C.Code Ann. § 17-13-140 (2003) ("Any magistrate or recorder or city judge having the powers of magistrates, or any judge of any court of record ... ”); S...
State v. Bellamy · 0 red 0 yellow 15 green 0 procedural Cited as authority Collins Cited as authority Gibbs Cited as authority Millidge Open case for full Syfertize analysis → 64
...establishing the grounds for the warrant.” S.C.Code Ann. § 17-13-140 (1985). In Illinois v. Gates, 462 U.S. 213, 238,
State v. Corns · 0 red 0 yellow 7 green 0 procedural Cited as authority (citing case) Cited as authority Frasier Cited as authority Grimes Open case for full Syfertize analysis → 59
...seized at his residence because the state failed to comply with the procedures set forth in S.C. Code Ann. § 17-13-140 (1985); and (3) whether the trial judge erred in admitting oral statements made by Corns while in custody because the statements...
State v. Drayton · 0 red 0 yellow 0 green 2 procedural Cert. denied Herndon Cert. denied Griffith Open case for full Syfertize analysis → 51
...the totality of the circumstances, the affidavits in support of the warrants established probable cause for the search.
See
S.C.Code Ann. § 17-13-140 (2014) (stating, in part, a search warrant may be issued to search for and seize property tending to show that a particular...
State v. Weston · 0 red 0 yellow 18 green 0 procedural Cited as authority Collins Cited as authority (citing case) Cited as authority (citing case) Open case for full Syfertize analysis → 67
...Under S.C.Code Ann. § 17-13-140 (1985), a search warrant may be issued “only upon affidavit sworn to before the magistrate ... establishing the grounds for the warrant.” A search warrant that is insufficient in itself to establish probable cause may be supplemented by sworn oral testimony.
State...
In Re Snyder · 0 red 0 yellow 2 green 0 procedural Cited as authority Jenkins Cited as authority Simmons Open case for full Syfertize analysis → 58
...evidence is covered under the South Carolina Search Warrant Statute, S.C. Code Ann. § 17-13-140 (1985).
Respondents assert that the word "property" as used in Section 17-13-140 does not include nontestimonial evidence...
State v. Breazeal-Young 38
...of the trial court either lack evidentiary support or are
controlled by an error of law"); S.C. Code Ann. § 17-13-140 (2003)
(commanding the officer executing a warrant issued under this section to "make
and deliver a signed inventory of any articles...
State v. Brown 38
...As to whether or not the trial court erred in admitting evidence obtained
pursuant to the search warrant: S.C. Code Ann. § 17-13-140 ("Any warrant issued
hereunder shall be executed and return made only within ten days...
State v. Rutledge · 0 red 0 yellow 3 green 0 procedural Cited as authority Jones Cited as authority Jones Cited as authority Millidge Open case for full Syfertize analysis → 62
...establishing the grounds for the warrant.” S.C.Code Ann. § 17-13-140 (1985). Oral testimony may be used to supplement search warrant affidavits.
State v. Jones,
State v. Williams · 0 red 1 yellow 6 green 0 procedural Distinguished (citing case) Cited as authority Cheeks Cited as authority (citing case) Open case for full Syfertize analysis → 56
...em>
Statutory Warrant Defects
Appellant next argues that the search warrant violated the warrant statute, S. C. Code Ann. § 17-13-140 (1985), and therefore the evidence seized should have been suppressed. We disagree.
Under the heading for a...
State v. Freeman · 0 red 0 yellow 1 green 0 procedural Cited as authority Weaver Open case for full Syfertize analysis → 46
...He provided nine witnesses to prove the alibi.
Over Joseph’s objection that the search warrant was defective since it was never executed as required by S.C. Code Ann. § 17-13-140 (1976), evidence was admitted at trial...
State v. Doe 45
...the South Carolina Search *195Warrant Statute, S.C. Code Ann. § 17-13-140 (1985).
Respondents assert that the word “property” as used in Section 17-13-140 does not...
State v. Paulette J. Sims 38
...213, 238 (1983))); S.C. Code Ann. § 17-13-140 (2014) (explaining
that in South Carolina, search warrants may be issued "only upon affidavit sworn
to before the magistrate . . . establishing the grounds for the...
State v. Shumate 38
...As to Shumate's argument the trial court erred in failing to suppress evidence
found pursuant to a search warrant that was returned to the chief magistrate rather
than the issuing magistrate: S.C. Code Ann. § 17-13-140
State v. Dill · 0 red 0 yellow 4 green 0 procedural Cited as authority (citing case) Cited as authority (citing case) Cited as authority Simmons Open case for full Syfertize analysis → 72
...establishing the grounds for the warrant."
S.C. Code Ann. § 17-13-140
(2014). Probable cause determinations are evaluated under a...