Mar 7, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, Uncategorized
Three men have been arrested by the York County, South Carolina Sheriff’s Office whom they say caused a February power outage at a York Electric sub station. However, the K-9 unit led deputies to a home in Clover where two men were found.
Detectives proceeded to search the home, and seized evidence related to several thefts. It is also reported that detectives received information at this search which helped them to apprehend a Sharon, SC man. Wire connectors and four large batteries were found in the man’s home.
It was alleged by the deputies that the men were involved in a string of thefts throughout York County, and the damage is estimated at around $20,000. The investigation has been going on since December of last year.
If you or someone close to you has been implicated in a crime, be sure to have proper representation. Call the law offices of Reeves, Aiken & Hightower, LLP or a consultation. Our Baxter Village office telephone number is 803-548-4444, and toll-free at 877-374-5999.
Mar 7, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Uncategorized
According to the York County Sheriff’s Office, A Clover High School student has been implicated in the sale of prescription pills, when a he allegedly sold a female two Adderall pills. Also, last week three teens were arrested for allegedly planning to deal drugs at the school. Adderall is a controlled substance used to treat attention deficit disorder.
The police further found text messages which they state was to arrange the sale of pills. The student was charged with possession of a controlled substance with intent to distribute.
Student searches are governed by the following South Carolina Statutes:
SECTION 59-63-1110. Consent to search person or his effects.
Any person entering the premises of any school in this State shall be deemed to have consented to a reasonable search of his person and effects.
SECTION 59-63-1120. Searches by school administrators or officials with or without probable cause.
Notwithstanding any other provision of law, school administrators and officials may conduct reasonable searches on school property of lockers, desks, vehicles, and personal belongings such as purses, book-bags, wallets, and satchels with or without probable cause.
SECTION 59-63-1130. Searches by principals or their designees.
Notwithstanding any other provision of law, school principals or their designees may conduct reasonable searches of the person and property of visitors on school premises.
SECTION 59-63-1140. Strip searches prohibited.
No school administrator may conduct a strip search.
However, notwithstanding these laws, New Jersey v. T.L.O, 469 U.S. 328 is a U.S. Supreme Court case that states that administrators at public high schools must receive training in the “reasonableness” standard under existing case law, and must be informed as to the procedures established as to how to conduct a school search.
If you or a loved one has been subject to a search either on or off school property, it is very important to ensure that such search was reasonable. Call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.
Mar 7, 2013 | Criminal Defense, Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Uncategorized
Two South Carolina men have been arrested after the Rock Hill Police Department seized several stolen guns, phones, drugs, and a sum of money earlier last week. The police had an arrest warrant for an 18-year-old suspected of distributing marijuana, when they entered the house.
The men were charged with two counts of possession of a stolen pistol, possession with intent to distribute marijuana, as well as possession of crack-cocaine. The Rock Hill Multijurisdictional drug unit responded to the scene.
It is important that when a person allows police to enter his or her house, he understands his rights when is comes to warrant requirements. South Carolina has determined that a warrant legally and duly issued authorizes a law enforcement officer to arrest the individual named therein. Further, the South Carolina Constitution provides that “no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the person to be seized. S.C. Const. Article I, Section 10.
It has been long established in South Carolina that an arrest under a warrant not supported by oath or affirmation showing probable cause is illegal, entitling the person arrested to be discharged. Also, the arresting officer must be sure to show the warrant upon request; but, a known officer need not do so. It is important to note that, in South Carolina, the law presumes the arresting officer is known to the person arrested. State v. Higgins, 51 S.C. 51, 54-55 (1897).
The South Carolina Supreme Court has determined that a law enforcement officer is authorized to make a warrantless arrest based upon his knowledge that a valid arrest warrant has been issued against the defendant. State v. Grant, 310 S.C. 240 (1992). A search warrant, on the other hand, is prescribed by statute, and may be issued on an affidavit reciting the facts on information and belief and must show the source of the affiants information. Further, it must be sworn on information and belief that does not contain sufficient information, and must be supplemented by oral testimony before the issuing magistrate. The search warrant must be supported by probable cause by stating the facts related to the time of the issuance, so to justify probable cause at that exact time. State v. Corns, 310 S.C. 546, 548 (1992).
When police are at your door, and it is that moment before you ask them “can I see a warrant,” make sure that you know that an arrest warrant will be issued for a person, and a search warrant is that which is issued on the residence. A person who is implicated in a crime associated with a search warrant must know how to read such a document. The document must describe with particularity, the places to be searched, or the persons or things to be seized. If the holder of a warrant knocks on your door, make sure to read the document carefully. They may only search what is described in the warrant, unless an exception applies.
If you or a loved one has been subject to a warrantless search, or a search you think may have been conducted with a warrant absent probable cause, call the law offices of Reeves, Aiken & Hightower, LLP. We understand the law, and can interpret what probable cause the warrant has established. For a consultation, call 803-548-4444, or toll-free at 877-374-5999.
Nov 14, 2012 | Drug Crimes and Controlled Substances Defense, Uncategorized
A Rock Hill, SC McDonalds went on a wild goose chase for a pilfered container of whipped cream that went stolen. This led to the arrest of an Ambler, Pennsylvania man. Around 3:00 a.m., police were summoned to the McDonalds on 115 South Cherry Road where the restaurant manager informed police that she saw a man exit the restaurant in a white van with a spare tire attached to the rear. He allegedly took the can of whipped cream.
When police patrolled the area, they found a 1995 white GMC van with a 38-year-old man sitting inside. Marijuana smoke was allegedly billowing out of the car, according to police.
When police searched the interior of the car, and the man’s jacket, the report states that they uncovered a pipe and a blue plastic container with marijuana inside. The man was charged with possession of marijuana. The police did not state whether they found the missing can of whipped cream reported by the McDonald’s employee. Nevertheless, he was not charged with the theft.
If you or a loved one has been arrested by police and have a question as to whether their conduct was a rightful search and seizure, call the lawyers who know your rights. The law offices of Reeves, Aiken & Hightower are here to help you. You can reach our York County, South Carolina office at 803-548-4444, or toll-free at 877-374-5999. Tyler Burns has extensive criminal trial experience and has worked as an Assistant Solicitor for the 16th Judicial Circuit before coming to Reeves Aiken & Hightower. Give us a call and we can begin working on your case.
