Tagged: DUI

DUI Field Sobriety Tests Must Be Videotaped

On April 23, 2014, the South Carolina Court of Appeals decided State v. Gordon.  The Court held: Because the purpose of the videotaping is to create direct evidence of the arrest, if the actual tests cannot be seen on the recording, the requirement is pointless.  Accordingly, the circuit court correctly found that the head must […]

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United States Supreme Court Authorizes Collection of DNA Sample Following Arrest for Serious Offense

In Maryland v. King, a sharply divided five-to-four opinion decided on June 3, 2013, the United States Supreme Court held: When Officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab for […]

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South Carolina Supreme Court Weakens DUI Videotape Protections

Section 56-5-2953 of the South Carolina Code of Laws requires “the video recording at the incident site” to begin when the police officer activates the blue lights, “include any field sobriety tests administered,” and show the DUI arrest and Miranda rights advisement.  These protections are so important that a law enforcement agency cannot be “excused […]

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