Category: Trafficking

Curtilage Revisited – Trafficking Weight Cocaine Suppressed

Last December, I wrote about State v. Bash, where the S.C. Supreme Court thankfully re-affirmed that a police officer cannot enter a person’s yard without a warrant or exigent circumstances in order to search for drugs.  The defendant was charged with trafficking in cocaine > 400 grams and trafficking in crack cocaine 10-28 grams.  The [..]

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Trafficking in Meth and Thought Crimes

In State v. Cain, the S.C. Supreme Court held that testimony by a state chemist that a defendant could have produced a theoretical yield of more than 10 grams of meth, where no actual meth was found and there was no evidence of what the defendant could have actually produced, is insufficient to support a [..]

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Curtilage – Can a Police Officer Search Your Yard Without a Warrant?

In State v. Bash, a unanimous S.C. Supreme Court upheld the circuit court’s suppression of powder and crack cocaine based on the officers’ unconstitutional search of the defendant’s yard without consent or a warrant.  An officer testified at trial that “one of the agents . . . received . . . a phone call stating [..]

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Marijuana Laws in Myrtle Beach, South Carolina

Possession of marijuana is still illegal in every part of South Carolina, despite great strides towards legalization being made in other parts of the country.  Simple possession of less than an ounce still carries up to 30 days in jail for a first offense or six months in jail for a second offense, and possession [..]

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Drug Possession/ Distribution/ Trafficking in South Carolina

Possession of Drugs Penalties at law for possession/distribution of drugs may include fines, imprisonment, and suspension of your driver’s license. Additionally, both misdemeanor and felony drug charges become part of your criminal record so the effects of drug charges can be everlasting. Simple Possession of Marijuana Defined For simple possession of marijuana, the accused is [..]

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