Legal Question in Criminal Law in South Carolina

Criminal and Civil rights obtaining to search and seizure

During the process of a search warrant being served, officers gained forceful entry without declaration of who they were. They proceeded to search premises and when asked to see the warrant they said it was enroute. Do they have to have the warrant in hand upon entry? During the search I requested a phone call so an attorney could be present, I was told ''You don't want to go down that road.'' Do I have the right for an attorney to be present? A handgun was found. Although I am not the owner nor sole occupant of the house, I was charged with felony possession of a handgun. What are my rights, even as a felon, to be in a dwelling where a firearm is present without my knowledge? I was never read my rights, arrested, jailed two days, and neither I nor the owner of the house have a copy of the search warrant, even upon request. To the best of my knowledge the warrant derived from a tip from an informant which I've had serious personal conflicts with who stated I was selling drugs and tattooing out of said residence. Does any of this seem to be in violation of my criminal or civil rights?


Asked on 12/26/03, 5:19 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Criminal and Civil rights obtaining to search and seizure

A search warrant doesn't necessarily need to be presented upon entry. There are exceptions to the law which usually involve "exigent circumstances," which means that there was not time to wait. You have a right to an attorney during questioning, but not necessarily during the search. A person can still be arrested for possession of an illegal handgun without being the sole owner nor occupant of the house, but there must be some knowledge of the gun. They do not have to read you your rights simply because they arrested you. However, in order to use any of your statements against you in court, then they do have to read you your rights. Your welcome to call if you have any other questions or care to discuss this. Robert J. Johnston 843-828-1137

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Answered on 12/29/03, 1:39 pm


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