dual inquiry (South Carolina) · Go Syfert
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dual inquiry in South Carolina

20 South Carolina opinions name it 2 courts 2023–2026 20 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 (26)

CaseFollowedCited
State v. Michael N. Frasier, Jr.green
sc · 2022 · cited in 17 South Carolina opinions naming this issue, 2023–2026
2 sentences

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

517
State v. Baccusgreen
sc · 2006 · cited in 2 South Carolina opinions naming this issue, 2024–2026
2 sentences

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

22
State v. Dillgreen
sc · 2018 · cited in 2 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

22
State v. Davisgreen
scctapp · 2003 · cited in 2 South Carolina opinions naming this issue, 2023–2024
2 sentences

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

22
State v. Rodriquezgreen
scctapp · 1996 · cited in 2 South Carolina opinions naming this issue, 2023–2024
2 sentences

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

22
Curtis v. Stategreen
sc · 2001 · cited in 2 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023"This Court has a limited scope of review in cases involving a constitutional challenge to a statute because all statutes are presumed constitutional and, if possible, will be construed to render them valid." Curtis v. State, 345 S.C. 557, 569 , 549 S.E.2d 591, 597 (2001).

2023"This Court has a limited scope of review in cases involving a constitutional challenge to a statute because all statutes are presumed constitutional and, if possible, will be construed to render them valid." Curtis v. State, 345 S.C. 557, 569 , 549 S.E.2d 591, 597 (2001).

22
State v. Khingratsaiphongreen
sc · 2002 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026Evidence seized in violation of the Fourth Amendment must be excluded from trial." (quoting State v. Khingratsaiphon, 352 S.C. 62, 69 , 572 S.E.2d 456, 459 (2002))); id. ("A search or seizure is reasonable under the Fourth Amendment when it is authorized by a warrant that is supported by probable cause."); State v. Baccus, 367 S.C. 41, 50 , 625 S.E.2d 216, 221 (2006) ("In South Carolina, search warrants may be issued 'only upon affidavit sworn to before the magistrate . . . establishing the grounds for the warrant.' The affidavit must set forth particular facts and circumstances underlying the

2026Evidence seized in violation of the Fourth Amendment must be excluded from trial." (quoting State v. Khingratsaiphon, 352 S.C. 62, 69 , 572 S.E.2d 456, 459 (2002))); id. ("A search or seizure is reasonable under the Fourth Amendment when it is authorized by a warrant that is supported by probable cause."); State v. Baccus, 367 S.C. 41, 50 , 625 S.E.2d 216, 221 (2006) ("In South Carolina, search warrants may be issued 'only upon affidavit sworn to before the magistrate . . . establishing the grounds for the warrant.' The affidavit must set forth particular facts and circumstances underlying the

11
State v. Kinlochgreen
sc · 2014 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026Evidence seized in violation of the Fourth Amendment must be excluded from trial." (quoting State v. Khingratsaiphon, 352 S.C. 62, 69 , 572 S.E.2d 456, 459 (2002))); id. ("A search or seizure is reasonable under the Fourth Amendment when it is authorized by a warrant that is supported by probable cause."); State v. Baccus, 367 S.C. 41, 50 , 625 S.E.2d 216, 221 (2006) ("In South Carolina, search warrants may be issued 'only upon affidavit sworn to before the magistrate . . . establishing the grounds for the warrant.' The affidavit must set forth particular facts and circumstances underlying the

2026Evidence seized in violation of the Fourth Amendment must be excluded from trial." (quoting State v. Khingratsaiphon, 352 S.C. 62, 69 , 572 S.E.2d 456, 459 (2002))); id. ("A search or seizure is reasonable under the Fourth Amendment when it is authorized by a warrant that is supported by probable cause."); State v. Baccus, 367 S.C. 41, 50 , 625 S.E.2d 216, 221 (2006) ("In South Carolina, search warrants may be issued 'only upon affidavit sworn to before the magistrate . . . establishing the grounds for the warrant.' The affidavit must set forth particular facts and circumstances underlying the

11
State v. Smithgreen
sc · 1990 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026Evidence seized in violation of the Fourth Amendment must be excluded from trial." (quoting State v. Khingratsaiphon, 352 S.C. 62, 69 , 572 S.E.2d 456, 459 (2002))); id. ("A search or seizure is reasonable under the Fourth Amendment when it is authorized by a warrant that is supported by probable cause."); State v. Baccus, 367 S.C. 41, 50 , 625 S.E.2d 216, 221 (2006) ("In South Carolina, search warrants may be issued 'only upon affidavit sworn to before the magistrate . . . establishing the grounds for the warrant.' The affidavit must set forth particular facts and circumstances underlying the

2026Evidence seized in violation of the Fourth Amendment must be excluded from trial." (quoting State v. Khingratsaiphon, 352 S.C. 62, 69 , 572 S.E.2d 456, 459 (2002))); id. ("A search or seizure is reasonable under the Fourth Amendment when it is authorized by a warrant that is supported by probable cause."); State v. Baccus, 367 S.C. 41, 50 , 625 S.E.2d 216, 221 (2006) ("In South Carolina, search warrants may be issued 'only upon affidavit sworn to before the magistrate . . . establishing the grounds for the warrant.' The affidavit must set forth particular facts and circumstances underlying the

11
State v. Thompsongreen
scctapp · 2005 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

11
State v. Lawtongreen
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026The appellate court analyzes the trial court's ruling regarding alleged discovery violations "under an abuse of discretion standard." State v. Lawton, 382 S.C. 122, 127 , 675 S.E.2d 454, 457 (Ct. App. 2009).

2026The appellate court analyzes the trial court's ruling regarding alleged discovery violations "under an abuse of discretion standard." State v. Lawton, 382 S.C. 122, 127 , 675 S.E.2d 454, 457 (Ct. App. 2009).

11
State v. Vickerygreen
scctapp · 2012 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026"The Fourth Amendment guarantees a person the right to be secure from unreasonable searches and seizures." State v. Vickery, 399 S.C. 507, 514-15 , 732 S.E.2d 218, 221 (Ct. App. 2012) (citing U.S. Const. amend.

2026"The Fourth Amendment guarantees a person the right to be secure from unreasonable searches and seizures." State v. Vickery, 399 S.C. 507, 514-15 , 732 S.E.2d 218, 221 (Ct. App. 2012) (citing U.S. Const. amend.

11
Illinois v. Gatesgreen
scotus · 1983 · cited in 1 South Carolina opinions naming this issue, 2024–2024
1 sentence

2024This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that "[a] reviewing court should give great deference to a magistrate's determination of probable cause"); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant t

11
State v. Chisholmgreen
scctapp · 2011 · cited in 1 South Carolina opinions naming this issue, 2024–2024
2 sentences

2024Code 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 warrant"); State v. Chisholm, 395 S.C. 259, 267 , 717 S.E.2d 614, 618 (Ct. App. 2011) ("Considerations for determining whether or not there exists probable cause to permit the acquisition of [DNA] evidence include the following elements: (1) probable cause to believe the suspect has committed the crime; (2) a clear indication that relevant material evidence will be found; and (3) the method used to secure it is

2024Code 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 warrant"); State v. Chisholm, 395 S.C. 259, 267 , 717 S.E.2d 614, 618 (Ct. App. 2011) ("Considerations for determining whether or not there exists probable cause to permit the acquisition of [DNA] evidence include the following elements: (1) probable cause to believe the suspect has committed the crime; (2) a clear indication that relevant material evidence will be found; and (3) the method used to secure it is

11
State v. Andersongreen
sc · 2016 · cited in 1 South Carolina opinions naming this issue, 2023–2023
1 sentence

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022), reh'g denied (Nov. 17, 2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); Milledge v. State, 422 S.C. 366, 376 , 811 S.E.2d 796, 802 (2018) ("A police officer's assessment of the circumstances may i

11
Milledge v. Stategreen
sc · 2018 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022), reh'g denied (Nov. 17, 2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); Milledge v. State, 422 S.C. 366, 376 , 811 S.E.2d 796, 802 (2018) ("A police officer's assessment of the circumstances may i

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022), reh'g denied (Nov. 17, 2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); Milledge v. State, 422 S.C. 366, 376 , 811 S.E.2d 796, 802 (2018) ("A police officer's assessment of the circumstances may i

11
State v. Keithgreen
scctapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

11
State v. Woodruffgreen
scctapp · 2001 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); State v. Butler, 353 S.C. 383, 389 , 577 S.E.2d 498, 501 (Ct. App. 2003) ("The stopping of a vehicle and the detention of its occupants constitutes a seiz

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); State v. Butler, 353 S.C. 383, 389 , 577 S.E.2d 498, 501 (Ct. App. 2003) ("The stopping of a vehicle and the detention of its occupants constitutes a seiz

11
State v. Butlergreen
scctapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); State v. Butler, 353 S.C. 383, 389 , 577 S.E.2d 498, 501 (Ct. App. 2003) ("The stopping of a vehicle and the detention of its occupants constitutes a seiz

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); State v. Butler, 353 S.C. 383, 389 , 577 S.E.2d 498, 501 (Ct. App. 2003) ("The stopping of a vehicle and the detention of its occupants constitutes a seiz

11
State v. Thompsongreen
sc · 2017 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

11
State v. Scottgreen
scctapp · 1991 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

11
State v. Cornsgreen
scctapp · 1992 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

11
State v. Dupreegreen
scctapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

2023This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Davis, 354 S.C. 348, 355 , 580 S.E.2d 778, 782 (Ct. App. 2003) (explaining that a reviewing court should give great deference to a magistrate's determination of probable cause); State v. Rodriquez, 323 S.C. 484, 490 , 476 S.E.2d 161, 165 (Ct. App. 1996) ("Generally, police seizures are per se unreasonable within the meaning of the Fourth Amendment unless such seizures are accomplished pursuant to ju

11
State v. Taylorgreen
sc · 2013 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022), reh'g denied (Nov. 17, 2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); Milledge v. State, 422 S.C. 366, 376 , 811 S.E.2d 796, 802 (2018) ("A police officer's assessment of the circumstances may i

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022), reh'g denied (Nov. 17, 2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); Milledge v. State, 422 S.C. 366, 376 , 811 S.E.2d 796, 802 (2018) ("A police officer's assessment of the circumstances may i

11
State v. Provetgreen
sc · 2013 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); State v. Butler, 353 S.C. 383, 389 , 577 S.E.2d 498, 501 (Ct. App. 2003) ("The stopping of a vehicle and the detention of its occupants constitutes a seiz

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); State v. Butler, 353 S.C. 383, 389 , 577 S.E.2d 498, 501 (Ct. App. 2003) ("The stopping of a vehicle and the detention of its occupants constitutes a seiz

11
United States v. Cortezgreen
scotus · 1981 · cited in 1 South Carolina opinions naming this issue, 2023–2023
1 sentence

2023See State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022), reh'g denied (Nov. 17, 2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion—in this case whether reasonable suspicion exists—is a question of law subject to de novo review."); Milledge v. State, 422 S.C. 366, 376 , 811 S.E.2d 796, 802 (2018) ("A police officer's assessment of the circumstances may i

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 (1)

CaseCitedYears
State v. Daquan J. Crummey green
scctapp · 2024
2 sentences

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

2026We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Frasier, 437 S.C. 625 , 633, 879 S.E.2d 762 , 766 (2022) ("[A]ppellate review of a motion to suppress based on the Fourth Amendment involves a two-step analysis."); id. at 633-34 , 879 S.E.2d at 766 ("This dual inquiry means we review the trial court's factual findings for any evidentiary support, but the ultimate legal conclusion . . . is a question of law subject to de novo review."); State v. Crummey, 443 S.C. 94 , 107, 902 S.E.2d 391 , 398 (Ct. App. 2024) ("A search or seizure is reasonable under the Fourth A

12026–2026

Statutes the citing opinions construe

SC § S.C. Code Ann. § 17-13-140 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 127 (1976–2023) LA 97 (1970–2022) ID 59 (1985–2026) TX 50 (1977–2023) CA 39 (1960–2026) NY 37 (1896–2025) MI 36 (1976–2025) PA 30 (1982–2023) OH 25 (1963–2024) KS 24 (1982–2025) WA 21 (1970–2021) SC 20 (2023–2026) MA 18 (1967–2025) WY 17 (1974–2018) FL 17 (1973–2018) MD 15 (1975–2026) MT 13 (1967–2022) UT 12 (1938–2017) IA 11 (1976–2021) IN 10 (1975–2020) MN 10 (1933–2013) MO 9 (1975–1995) NJ 8 (1979–2022) TN 7 (2000–2026) NM 7 (1990–2008) KY 6 (1986–2022) AZ 6 (1979–2014) OR 6 (1973–2026) DC 6 (1989–2021) GA 5 (1964–2024) DE 5 (1987–2019) OK 5 (1990–2011) CO 5 (1982–2016) NC 5 (1995–2022) HI 5 (2005–2022) NH 4 (1985–2015) WI 3 (2003–2015) MS 3 (1972–1991) ND 2 (1992–2002) CT 2 (1992–2009) ME 2 (1979–1983)

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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