More Searches Constitutional – Recent SC Supreme Court Opinion
A recent South Carolina Supreme Court opinion, State v. Syllester, appears to clarify some contours of how SC appellate courts will have to read the Fourth Amendment, specifically the weight of anonymous tips and the plain-view/plain-touch doctrine. Before we get to the new opinion, you can check out this page for a quick refresher on searches and seizures.
In Syllester, police in Florence County received an anonymous call alleging that an African-American male on a bicycle was selling drugs in a predominantly minority neighborhood, known to local law enforcement as suffering a high crime rate and drug traffic. Two sheriff’s deputies approached Syllester, who met the caller’s vague description, on foot, although there was no indication of illegal activity aside from the call. When Syllester and his associate saw the two deputies approaching them, they ran. The deputies called out to Syllester to stop, and they chased him down and tackled him. They stood Syllester up and searched him. A tennis ball fell out of his pocket. A deputy picked up the tennis ball, and seeing a slit in it, massaged the ball and found a bag that appeared to contain cocaine.