South Carolina Supreme Court Opinions

125px-SCSupreme_CourtSealToday, the South Carolina Supreme Court published three opinions: Furr v. Horry County Zoning Board of Appeals; State v. Anderson, and Thompson v. State.

In Furr v. Horry County Zoning Board of Appeals, the Court dismissed the grant as improvidently granted.

In State v. Anderson,  Anderson appealed the decision of the appellate court, upholding the decision of the trial court finding the his detention and subsequent pat down by policy was not unlawful under the Fourth Amendment. Anderson was walking in the vicinity of a drug raid when police located him in the perimeter of the search and ordered him to the ground. Upon searching him, officers found crack cocaine and was indicted for possession with intent to distribute crack cocaine. This  Court reversed the appellate court’s opinion finding that the police officers did not have reasonable suspicion to detain Anderson and therefore the drugs found pursuant to that detention should have been suppressed.

In Thompson v. State,  Thompson appealed the appellate court’s decision, upholding the circuit court’s refusal to grant Thompson’s request for declaratory judgments finding that: (1) his kidnapping offenses did not involve a sexual element; and (2) Thompson would not need to register as a sex offender upon his release from prison in 2020 the Court reversed  the decision of the appellate court on the first issue granting Thompson a hearing to determine whether his kidnapping convictions were sexual in nature. The Court affirmed the appellate court’s decision with respect to the second issue because the South Carolina Department of Correction’s classification of Thompson as a sex offender in prison is subject to internal grievance procedure. Accordingly, the Court reversed in part and affirmed in part the appellate court’s decision.

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