Deputies who broke up a dog-fighting operation after spotting dogs, spectators and a fight pit at a Clarendon County home in 2006 didn't have to discover the site inadvertently to legally seize evidence without a warrant. So said the state Supreme Court in a groundbreaking decision that did away with one of three criteria that police previously had to satisfy under the "plain view" exception to the Fourth Amendment's warrant requirement. "In Horton, the U.S. Supreme Court considered the first prong of the plain-view doctrine, which is that the police officers are in a place where they have a legal right to be, and then the last prong, which is that the incriminating nature of the evidence is readily apparent. Those two prongs were sufficient to restrict the likelihood of police misconduct," said Assistant Attorney General Deborah R.J. Shupe (pictured) of Columbia.
Enter your user name and password in the fields above to gain access to the subscriber content on this site.
Your subscription includes one set of login credentials for your exclusive use. Security features have been integrated on this site: If someone signs in with your credentials while you are logged in, the site will automatically close your ongoing login and you will lose access at that time.
To inquire about group subscriptions or an enterprise site license for your firm, contact Sian Taylor.
If you feel your login credentials are being used by a second party, contact customer service at 877-615-9536 for assistance in changing your password.
Already a paid subscriber but not registered for online access yet? For instructions on how to get premium web access, click here.
Forgot your password?