What are the search warrant requirements in South Carolina?

South Carolina codifies its warrant procedure at § 17-13-140 of the Code, with state constitutional protection under art. I § 10.

1. Constitutional Foundation

The Fourth Amendment is supplemented by S.C. Const. art. I § 10. South Carolina courts generally interpret art. I § 10 in lockstep with the Fourth Amendment (State v. Forrester) but enforce it independently.

2. Probable Cause & Affidavit

Section 17-13-140 requires a sworn written affidavit stating facts establishing probable cause. The warrant must particularly describe the place and items. South Carolina applies the Gates totality test (State v. Adams). Anticipatory warrants are recognized.

3. Who Issues

Section 17-13-140 authorizes any "magistrate, municipal judicial officer, or judge of a court of record" within whose jurisdiction the property is located. The issuer must be neutral and detached.

4. Execution

Knock-and-announce is constitutionally required under Wilson v. Arkansas and South Carolina common law. No-knock authorization requires a showing of danger or destruction (State v. Brown). Section 17-13-140 requires execution within 10 days of issuance — warrants are void if not served within that period. Nighttime execution is generally permitted unless restricted by the warrant.

5. Scope & Plain View

Search is limited to areas where listed items could reasonably be hidden. Plain-view seizure is permitted when officers are lawfully present and incriminating nature is immediately apparent (Horton v. California).

6. Exceptions to the Warrant Requirement

Consent, search incident to arrest, exigent circumstances, automobile (Carroll), inventory, protective sweep, and Terry frisk.

7. Suppression

South Carolina recognizes the Leon good-faith exception (State v. Sullivan) and generally tracks federal exclusionary doctrine, including Hudson v. Michigan on knock-and-announce violations.

This is legal information, not legal advice.