lesser standard (South Carolina) · Go Syfert
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lesser standard in South Carolina

10 South Carolina opinions name it 2 courts 1989–2020 0 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
State v. Padgettgreen
scctapp · 2003 · cited in 2 South Carolina opinions naming this issue, 2008–2010
2 sentences

2010"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248 , 525 S.E.2d at 539 ("The term `reasonable suspicion' requires a particularized and objective basis that would lead one to suspect another of criminal activity.") (citing U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

2010"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248 , 525 S.E.2d at 539 ("The term `reasonable suspicion' requires a particularized and objective basis that would lead one to suspect another of criminal activity.") (citing U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

22
United States v. Sokolowgreen
scotus · 1989 · cited in 2 South Carolina opinions naming this issue, 2000–2003
2 sentences

2003See United States v. Sokolow, 490 U.S. 1 , 109 S.Ct. 1581 , 104 L.Ed.2d 1 (1989).

2003See United States v. Sokolow, 490 U.S. 1 , 109 S.Ct. 1581 , 104 L.Ed.2d 1 (1989).

22
Wise v. Broadwaygreen
sc · 1993 · cited in 2 South Carolina opinions naming this issue, 1996–2020
2 sentences

2020When Child was a newborn in the hospital, Kate asked Grandfather to be in charge of decision making for Child and Grandfather orchestrated the transfer 3 "Clear and convincing evidence is an elevated standard of proof, which lies between the lesser standard of 'preponderance of the evidence,' used in most civil cases, and the higher standard of 'beyond a reasonable doubt,' which is required in criminal cases." Wise v. Broadway, 315 S.C. 273, 282 , 433 S.E.2d 857, 862 (1993) (Toal, C.J., dissenting). of Child from one hospital to the other.

2020When Child was a newborn in the hospital, Kate asked Grandfather to be in charge of decision making for Child and Grandfather orchestrated the transfer 3 "Clear and convincing evidence is an elevated standard of proof, which lies between the lesser standard of 'preponderance of the evidence,' used in most civil cases, and the higher standard of 'beyond a reasonable doubt,' which is required in criminal cases." Wise v. Broadway, 315 S.C. 273, 282 , 433 S.E.2d 857, 862 (1993) (Toal, C.J., dissenting). of Child from one hospital to the other.

12
State v. Blassingamegreen
scctapp · 1999 · cited in 1 South Carolina opinions naming this issue, 2010–2010
2 sentences

2010"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248 , 525 S.E.2d at 539 ("The term `reasonable suspicion' requires a particularized and objective basis that would lead one to suspect another of criminal activity.") (citing U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

2010"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248 , 525 S.E.2d at 539 ("The term `reasonable suspicion' requires a particularized and objective basis that would lead one to suspect another of criminal activity.") (citing U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

11
State v. Willardgreen
scctapp · 2007 · cited in 1 South Carolina opinions naming this issue, 2008–2008
2 sentences

2008"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003); see also State v. Willard, 374 S.C. 129, 134 , 647 S.E.2d 252, 255 (Ct.App.2007).

2008"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003); see also State v. Willard, 374 S.C. 129, 134 , 647 S.E.2d 252, 255 (Ct.App.2007).

11
Standard v. Shinegreen
sc · 1982 · cited in 1 South Carolina opinions naming this issue, 1989–1989
1 sentence

1989See Standard v. Shine, 278 S. C. 337, 295 S. E. (2d) 786 (1982) (minor of tender years not required to observe adult standard of care; minor’s conduct should be judged by the standard of behavior expected of a child of like age, intelligence, and experience under like circumstances).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Smith v. DEPARTMENT OF HEALTH AND REHAB. SERV. green
fladistctapp · 1988
2 sentences

1996Smith v. Dept. of Health and Rehabilitative Svcs., 522 So. (2d) 956 (Fla. Ct. App. 1988).

1993Smith v. Dept. of Health and Rehabilitative Svcs., 522 So.2d 956 (Fla.Ct.

21993–1996
Hsu v. United States green
dc · 1978
1 sentence

2018Criminal court judges are regularly confronting and navigating this very minefield. "[T]he right to counsel and its counterpart the right to proceed pro se put the trial court in a difficult position." Hsu v. United States , 392 A.2d 972 , 983 (D.C. 1978).

12018–2018
United States v. Cortez green
scotus · 1981
2 sentences

2010"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248 , 525 S.E.2d at 539 ("The term `reasonable suspicion' requires a particularized and objective basis that would lead one to suspect another of criminal activity.") (citing U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

2010"Reasonable suspicion is a lesser standard than probable cause and allows an officer to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped." State v. Padgett, 354 S.C. 268, 273 , 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248 , 525 S.E.2d at 539 ("The term `reasonable suspicion' requires a particularized and objective basis that would lead one to suspect another of criminal activity.") (citing U.S. v. Cortez, 449 U.S. 411, 417-18 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).

12010–2010
City of Columbia v. Pic-A-Flick Video, Inc. green
sc · 2000
2 sentences

2002In the recent decision of City of Columbia v. Pic-A-Flick Video, Inc., 340 S.C. 278 , 531 S.E.2d 518 (2000), our supreme court articulated a lesser standard where the injunction sought is specifically authorized by statute and the party seeking the injunction is a governmental entity.

2002In the recent decision of City of Columbia v. Pic-A-Flick Video, Inc., 340 S.C. 278 , 531 S.E.2d 518 (2000), our supreme court articulated a lesser standard where the injunction sought is specifically authorized by statute and the party seeking the injunction is a governmental entity.

12002–2002

Where else courts name it

CA 182 (1906–2026) TX 127 (1970–2026) OH 118 (1973–2025) NY 114 (1933–2026) IL 112 (1962–2025) PA 101 (1974–2026) IN 75 (1974–2026) LA 70 (1967–2025) FL 69 (1974–2025) WA 55 (1980–2026) CT 51 (1976–2024) MI 48 (1979–2026) GA 42 (1924–2023) NJ 41 (1953–2026) MD 41 (1975–2026) DC 34 (1970–2024) MA 33 (1966–2025) VA 31 (1982–2024) AZ 29 (1977–2026) KS 27 (1977–2026) AL 22 (1979–2024) TN 21 (1989–2026) OR 20 (1969–2023) CO 19 (1979–2026) WI 18 (1925–2023) NM 17 (1975–2017) MN 17 (1980–2014) OK 17 (1962–2022) MO 16 (1987–2020) MS 16 (1987–2025) IA 15 (1974–2022) NC 14 (1958–2026) KY 13 (1964–2024) AR 12 (1983–2023) ID 12 (1980–2014) WV 12 (1979–2022) AK 12 (1977–2017) VT 12 (1975–2020) MT 11 (2005–2026) RI 11 (1983–2011) SC 10 (1989–2020) NE 10 (1982–2023) UT 9 (1929–2024) DE 9 (1973–2026) ND 9 (1990–2016) WY 9 (1990–2022) SD 6 (1979–2008) ME 6 (1981–2018) NH 6 (1980–2019) HI 5 (1984–2007) NV 5 (1997–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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