Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Give Us Your Problems. We'll Give You Solutions.
Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Charleston Family Law Attorney Charleston Divorce Lawyer Charleston Criminal Attorney Charleston DUI Lawyer
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Thomas Nelson.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Stephan Futeral.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Kelsey Futeral.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
If you'd like for us to send you an email when the book is updated, please fill out and send this form.
Futeral & Nelson 843-284-5500 1004 Anna Knapp Blvd.
Mt. Pleasant, SC 29464
Send a message to Tiffany Rogers

Warrantless Searches in South Carolina ▪ Charleston Criminal Defense Lawyer

  • Expanding Warrantless Searches ▪ Charleston Criminal Defense Lawyer

On July 17, 2013, the South Carolina Supreme Court held as a general principle that officer safety can justify the opening of a door to an occupied vehicle under reasonable circumstances.  In McHam v. State of South Carolina, three police officers were conducting a traffic checkpoint and stopped McHam’s vehicle.  The officer who first approached the vehicle testified that after he asked for license and registration, McHam and his passenger began making movements the officer did not believe were consistent with obtaining license or registration.  He walked around to the other side of the vehicle to observe whether the occupants were reaching for weapons, and when he couldn’t see their hands, he opened the passenger door.  Inside the door, the officer saw a bag of crack cocaine, which led to a search of the vehicle and finding other drugs, digital scales, and cash.

The Supreme Court found that the opening of the door was a search without a warrant and then considered whether this warrantless search was reasonable.  Traditionally, the following exceptions have allowed for warrantless searches:  (1) search incident to a lawful arrest, (2) hot pursuit, (3) stop and frisk, (4) automobile exception, (5) the plain view doctrine, (6) consent, and (7) abandonment.  The McHam opinion appears to expand on the automobile exception and serves as a reminder that people do not have as much of an expectation of privacy in their vehicles as many believe.

Charleston, SC Criminal Defense Lawyer

Contact Us Now!

Need a criminal defense lawyer in Charleston?

Call Futeral & Nelson, LLC today for a FREE consultation. 843-284-5500.
Contact Us Now!
By | 2016-12-24T11:38:02+00:00 July 18th, 2013|Criminal Defense in Charleston, South Carolina|0 Comments
Loading Facebook Comments ...

Leave A Comment