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Tag Archives: Criminal Practice

Criminal Practice – Constitutional – Miranda Warnings – Right to Cease Questioning – DUI (access required)

State v. Hoyle In State v. Kennedy, 325 S.C. 295, 479 S.E.2d 838 (Ct. App. 1996), aff’d as modified, 333 S.C. 426, 510 S.E.2d 714 (1998), this court said, “A suspect in custody may not be subjected to interrogation unless he is informed that: he has the right to remain silent; anything he says can be used against him in a court of law; he has a right to the presence of an attorney; if he cannot afford an attorney, one will be appointed for him prior to any questioning, if he so desires; and he has the right to terminate the interrogation at any time and not to answer any further questions.” We now hold that the italicized portion of this quotation was obiter dictum. The S.C. Supreme Court does not interpret Miranda v. Arizona, 384 U.S. 436 (1966), to require a warning on the right to terminate an interrogation at any time and to not answer any further questions.

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Criminal Practice – Solicitation of a Minor & Attempted Criminal Sexual Conduct with a Minor – Constitutional – Free Speech – Legal Impossibility – Fictitious Internet Persona (access required)

State v. Green Where S.C. Code Ann. § 16-15-342 includes the term “knowingly,” it affects only those individuals who intentionally target minors for the purpose of engaging or participating in sexual activity or a violent crime. The statute does not criminalize protected speech and is narrowly tailored to achieve a compelling state interest. The statute is not unconstitutionally overbroad as any alleged overbreadth is unsubstantial when considered in relation to its plainly legitimate sweep.

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Criminal Practice – Subject Matter Jurisdiction – Magistrate Court – Simple Possession of Marijuana – Uniform Traffic Ticket (access required)

Bayly v. State S.C. Code Ann. § 56-7-15 authorized the arresting officer to issue a uniform traffic ticket for simple possession of marijuana as this offense was committed in the officer’s presence. Simple possession of marijuana is a misdemeanor that is punishable by up to 30 days’ imprisonment or a fine between $100 and $200.

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Criminal Practice – Search & Seizure – Search Warrant – Defendant’s DNA – Exclusionary Rule – Inevitable Discovery Doctrine (access required)

State v. Jenkins The affidavit that was offered in support of the warrant to obtain samples of defendant’s DNA (1) does not show why the police believed defendant committed the crime, (2) contains no indication as to where the detective obtained the information set out in the affidavit, and (3) does not assert that the information or its source is reliable. Therefore, the police did not provide the magistrate a substantial basis on which to find probable cause to believe defendant committed the crime.

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Criminal Practice – Evidence – Forensic Interviewing Expert – Victim’s Credibility (access required)

State v. McKerley There is no way to interpret the extensive testimony by a forensic interviewing expert other than to mean she believed the victim was being truthful. Such testimony was patently inadmissible. Considered in the context of the other evidence of defendant’s guilt, we cannot say the erroneous admission of the expert’s testimony did not contribute to the jury’s decision to find defendant guilty of criminal sexual conduct with a minor in the first degree and lewd act upon a child under 16.

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Criminal Practice – Venue – D.C. Seafood Wholesaler – Untagged & Oversized Striped Bass – False Statements – Maryland Federal Court (access required)

U.S. v. Oceanpro Industries Ltd. The government could prosecute a District of Columbia seafood wholesaler and two of its employees in Maryland federal court on charges of buying untagged and oversized striped bass, and the employees for giving a false statement to federal law enforcement officers, and the 4th Circuit affirms defendants’ convictions and the restitution order of $300,000 to Virginia and Maryland.

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