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State v. McKnight

Citations

  • 352 S.E.2d 471
  • 291 S.C. 110
  • 1987 S.C. LEXIS 190

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a search warrant was defective for failure to comply with a statute that enhanced constitutional requirement that search warrants be “supported by oath or affirmation”
  • holding that oral sworn statements were not sufficient where search warrant statute required affidavit
  • holding that oral sworn statements were not sufficient where search warrant statute required affidavit
  • noting that a “sworn, oral statement may be sufficient to satisfy the requirement for oath or affirmation”
  • holding when the State is unable to demonstrate a good-faith attempt to comply with the statute authorizing the issuance, execution and return of search warrants, S.C. Code Ann. § 17-13-140, exclusion is the proper remedy
  • refusing to apply the good faith exception where the officers failed to attempt to comply in good faith to the affidavit requirements

Source: CourtListener parenthetical corpus (CC0).

Judges: Ness, Gregory, Harwell, Chandler, Finney

Read full opinion on CourtListener

Cited by

35 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.