The 4th amendment to the United States Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Search warrants are issued when a Summary Court Judge is presented with an affidavit from law enforcement establishing a good faith belief (probable cause) of illegal activity. Search warrants are required to identify the property and describe the person or premises to be searched. The issuing judge will direct the warrant to a law enforcement officer with jurisdiction over the area where the search is to be conducted and it is required that the search warrant be returned to the issuing judge within ten days of signing. The officer executing the warrant is required to return a signed inventory of articles seized to the issuing judge and to issue a copy of the inventory to the person or premises where the search was conducted.
The exclusionary rule excludes evidence from being admissible (in court) if discovered from an unreasonable search and seizure. The purpose of the exclusionary rule is to deter law enforcement officers from conducting searches and seizures in violation of the fourth amendment of the U.S. Constitution and to provide remedies for defendants whose rights have been violated. Fruit of the poisonous tree doctrine extends the exclusionary rule to make evidence inadmissible if discovered from other evidence illegally obtained. Evidence may still be admissible at trial if obtained with a search warrant that appeared to have a lawful basis but later turned out to be invalid. The "Good Faith Exception" does not apply if an officer lies and misrepresents facts to the issuing judge or if an officer relies on a warrant supported by an affidavit based on lies or intentional misinformation.
Travis Newton Criminal Defense Attorney Anderson, SC
TRAVIS NEWTON LAW FIRM
TRAVIS NEWTON LAW FIRM I CRIMINAL DEFENSE ATTORNEY I ANDERSON, SC
513 NORTH MCDUFFIE STREET ANDERSON, SC 29621
Criminal convictions can have serious consequences from the State of South Carolina and lasting implications on professional and educational opportunities long after court-imposed penalties have expired. Now more than ever it is important to view legal advice coming from non-lawyers on the internet or social media with skepticism. Unreliable legal advice from non-lawyers can have a negative impact on a defendant's case from both a procedural and substantive standpoint. A consultation with Anderson Criminal Defense Lawyer Travis Newton can provide answers that lead to informed decisions on how to proceed. Criminal Defense Attorney Newton defends clients facing criminal charges in South Carolina's 10th (Anderson & Oconee) 13th (Greenville & Pickens), and 8th (Abbeville & Greenwood) Judicial Circuits including Anderson, SC Summary Courts, and the Anderson County Court of General Sessions.
Anderson Criminal Defense Attorney Travis Newton investigates police evidence for pending criminal charges. The discovery process protects defendants from trial by ambush while enforcing the right of criminal defense lawyers to investigate material and exculpatory evidence. The state of South Carolina has a continuing obligation to disclose all evidence in its possession to the defense including police interviews, search warrants, body cam video, dash cam video, incident reports, forensic lab reports, toxicology lab results, witness statements, and all other items of material and exculpatory evidence. Included in The State of South Carolina's continuing obligation to disclose exculpatory evidence is any information that could exonerate a defendant or potentially impeach the credibility of an unfavorable witness.
513 NORTH MCDUFFIE STREET ANDERSON, SC 29621
TRAVIS NEWTON LAW FIRM I CRIMINAL DEFENSE ATTORNEY I ANDERSON, SC
Free Consultation (864) 965-9148