Tagged: Right to Privacy

Confrontation Clause vs. Witness’ Privacy

In State v. Blackwell, 420 S.C. 127, 801 S.E.2d 713 (2017), the South Carolina Supreme Court addressed what the Court termed “the novel question of whether a criminal defendant’s constitutional right to confront a witness trumps a witness’s state constitutional right to privacy and statutory privilege to maintain confidential mental health records.”  Our Court recognized, “[T]he majority of jurisdictions […]

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SC Supreme Court Enforces Fourth Amendment

In State v. Adams, the South Carolina Supreme Court recognized limits on law enforcement’s ability to track a citizen’s vehicle with a GPS device, set a trap, and search the vehicle for drugs.  In doing so, the Court enforced United States v. Jones, a 2012 Supreme Court of the United States decision holding that “the […]

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Cell Phone Privacy

On June 25, 2014, the Supreme Court of the United States decided Riley v. California, holding that a search warrant is required before the police can search digital information on a cell phone that was seized pursuant to an arrest. Chief Justice Roberts, writing the majority opinion, pointed out the obvious: cell phones “are such a pervasive […]

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Update: Satellite Monitoring of Sex Offenders Requires Judicial Review — Amended Opinion Issued in State v Dykes

A prior blog post, “Satellite Monitoring of Sex Offenders Requires Judicial Review,” discussed the South Carolina Supreme Court’s opinion in State v. Dykes.  On July 24, 2013, our Supreme Court denied rehearing in Dykes and issued a revised opinion adding a new footnote.  This new footnote rejects constitutional claims not addressed in the substance of […]

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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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Satellite Monitoring of Sex Offenders Requires Judicial Review

Section 23-3-540 of the South Carolina Code of Laws requires mandatory, lifetime satellite monitoring of people convicted of first-degree criminal sexual conduct with a minor or committing a lewd act on a minor.  On May 22, 2013, in State v. Dykes, the South Carolina Supreme Court held “that the statute’s initial mandatory imposition of satellite […]

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