Melanie McCulley Yenovkian
The Fourth Amendment, and its accompanying case law, is one of the most complex areas of law. Which law applies? Was it a search? Was it a seizure? Does an exception apply? These are just some of the many questions that arise when addressing search and seizure issues.
The Fourth Amendment: A Step-by-Step Guide to Search and Seizure Jurisprudence in South Carolina, a derivative of Chapter One of the Drug Litigation in South Carolina publication, walks the practitioner through the steps of search and seizure analysis. In outlining search and seizure, this book sets forth the general rules, with factual scenarios, if relevant, in the footnotes. In addition, the book lays out the Fourth Amendment rules as set forth by the courts with mandatory authority over state cases, specifically the United States Supreme Court and the South Carolina appellate courts. Because state cases are not directly appealable to the United States Court of Appeals for the Fourth Circuit these cases are merely persuasive authority and are not addressed. However, this book should serve as a sufficient guide to lead the practitioner to relevant case law outside the line of direct appeal if such a need arises.
Summary of Contents:
Chapter One: Where to Begin? Constitutional and Statutory Provisions
Chapter Two: Does the Fourth Amendment Apply?
Chapter Three: Is the Search Warrant Valid?
Chapter Four: Was the Arrest Lawful?
Chapter Five: Did the Warrantless Search or Seizure Fall into an Exception to the Warrant Requirement?
Chapter Six: Should the Evidence Be Suppressed?
Table of Cases
Table of Authorities