Please ensure Javascript is enabled for purposes of website accessibility
Home (page 2)

Tag Archives: Probable Cause

Criminal Practice – Search & Seizure – Warrantless Arrest – Probable Cause – Burglary – Stolen Goods – Show-Up Identifications (access required)

State v. Frazier (Lawyers Weekly No. 011-057-11, 6 pp.) (James E. Lockemy, J.) Appealed from Lancaster County Circuit Court. (Paul M. Burch, J.) S.C. App. Click here for the full text of the opinion. Holding: Where defendant matched the description ...

Read More »

Criminal Practice – Selective Prosecution – No Constitutional Basis – Search & Seizure – Probable Cause (access required)

State v. Geer. The state prosecuted defendant for possession of crack cocaine while choosing not to prosecute the man who admitted giving defendant the drugs in exchange for sex. Since the state's decision was based not on any constitutionally impermissible ground such as race or religion but on a desire not to embarrass . . .

Read More »

Civil Rights – Malicious Prosecution – Schools & School Boards – Teacher – Assault on Student – Probable Cause (access required)

Richardson v. City of Marion. (Lawyers Weekly No. 002-043-10, 16 pp.) (R. Bryan Harwell, J.) D.S.C. Holding: Even though the defendant-police officer gathered some information that supported the plaintiff-teacher’s version of events, since some of the information the officer gathered ...

Read More »