· 9/27/2004
State v. Missouri
Citations
- 603 S.E.2d 594
- 361 S.C. 107
- 2004 S.C. LEXIS 229
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding defendant had a legitimate expectation of privacy, which entitled him to chai- lenge the search under the Fourth Amendment
- noting that the defendant had spent several nights at his friend’s apartment, kept a change of clothes there, has possessed a key to the apartment at some point in the past, had spent seven hours there on the day of the search, and considered the apartment “a place to get away”
- requiring an appellate court reviewing a Fourth Amendment search and seizure case to affirm the trial court's ruling if it is supported by any evidence in the record and permitting reversal only in cases of clear error
- stating an appellate court must affirm the trial judges ruling if there is any evidence to support the ruling when reviewing a Fourth Amendment search and seizure case; the appellate court will reverse only when there is clear error
- appellate court must affirm trial court’s ruling if there is any evidence to support the ruling
- “To claim protection under the Fourth Amendment of the U.S. Constitution, defendants must show that they have a legitimate expectation of privacy in the place searched.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Toal, Moore, Waller, Burnett, Pleicones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.