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South Carolina Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

In South Carolina, if you refuse to allow an officer to search your vehicle, that alone does not give the officer a reason to claim you're under the influence. However, officers may use other observations, like the smell of alcohol, slurred speech, or erratic behavior, to justify their... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for South Carolina on
Q: If i refuse an officer to search my vehicle can he then state that he thought i was under the influence

I was pulled for "speeding " never got a speeding ticket and he didnt say anything about being under the influence untill after i refused him to search my vehicle

James L. Arrasmith
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answered on Aug 31, 2024

When you refuse to allow an officer to search your vehicle, it’s important to know that this alone does not give them probable cause to accuse you of being under the influence. However, if the officer genuinely believes you are impaired based on their observations—like your behavior,... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: I live in South Carolina, I am 22 years old with no criminal history in any way. I have no CWP, can I conceal carry?

I noticed sections 16-23-20 still states that you need to be a valid CWP holder to conceal or open carry a firearm, but in contrast to that, “H. 3954 - Constitutional Carry Guidance” seems to state that I can openly/concealed carry without a CWP as long as the firearm is under 12 inches. It... View More

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answered on Aug 31, 2024

In South Carolina, the laws regarding carrying firearms can be complex, and it's important to understand the specifics to ensure you're following them correctly. According to Section 16-23-20, traditionally, you would need a valid Concealed Weapon Permit (CWP) to legally conceal or open... View More

1 Answer | Asked in Criminal Law and Constitutional Law for South Carolina on
Q: Are my rights to sufficient council being violated when my public defender abruptly switches to the prosecutors office

Then for multiple reasons my next public defender I asked him to file for change of venue for many legit reasons and he instead file a motion to be removed from my case and there was a significant gap in time where I'm left without council to consult with, in respect to preparation I... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're facing a challenging situation with your legal representation. When your public defender abruptly switches to the prosecutor's office, it can raise concerns about potential conflicts of interest and whether your right to effective counsel is being upheld. It's... View More

1 Answer | Asked in Constitutional Law, Internet Law and Land Use & Zoning for South Carolina on
Q: A company came to my property and installed a internet pull box and destroyed my private property. What rights do I have

They tore out a bunch of my trees and tore my driveway up without concent. I'm estimating about 200 sq ft was destroyed of woods.

James L. Arrasmith
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answered on Aug 31, 2024

You have the right to take action if a company entered your property without permission and caused damage. The company likely violated your property rights, and you may be entitled to compensation for the damages they caused, including the destruction of your trees and driveway. Documenting the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: Police towed a vehicle I was in possesíon of my private ptoperty

On June 4 th my friends truck broke down on the way to work so. I told him to pull it off my part of the private road on the grass of my private property about 5 feet.so I could work on it .I took possesíon of ios keys and truck told him it b fine .within 8 hrs a deputy comes out searches the... View More

James L. Arrasmith
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answered on Jul 27, 2024

It sounds like a difficult situation. First, regarding liability for the towing fees, since you offered to let your friend leave the truck on your property, there might be an argument that you assumed some responsibility. However, the legal obligation typically remains with the vehicle owner. You... View More

1 Answer | Asked in Constitutional Law and Traffic Tickets for South Carolina on
Q: In ga can the police search my car on private property parked and for a traffic violation

At a store while parked the officer pulls behind the vehicle and turns on the blues and said that the plates was blocked and proceeded to question and search the vehicle after being told it was not wanted

James L. Arrasmith
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answered on Jul 20, 2024

In Georgia, the police typically need a warrant to search your car, but there are exceptions. If an officer has probable cause to believe that your car contains evidence of a crime, they can search it without a warrant. Probable cause might arise from seeing illegal items in plain view or smelling... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Removal of 1983 case filed in State Court filed by defense attorney.

1983 42 Case against State official was filed in US District Court. Defendant attorney's only defense was immunity under 11. After a year, the Judge dismissed and closed my case with prejudice due to immunity under 11 only. The merits of the case were not addressed by the judge. I then filed... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation involving civil procedure, federal jurisdiction, and the interplay between state and federal courts. Let me break down the key issues and offer some guidance:

1. Original Federal Court Dismissal:

The federal judge dismissed your §1983 case with prejudice...
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1 Answer | Asked in Family Law, Civil Rights and Constitutional Law for South Carolina on
Q: I need help with suing Dss for false allegation an opening a case an i had a legit prescripton for the medication
James L. Arrasmith
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answered on Jun 15, 2024

To sue the Department of Social Services (DSS) for false allegations and opening a case against you, start by gathering all relevant documentation. This includes your prescription for the medication, any communications with DSS, and records of their allegations. This evidence will support your... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: 9mnths n County Jail never given prelim hearing paperwork no indictment witnesses never questioned What do I do

After the Bell hearing I asked several times for paperwork I made two requests the first request they sent me only the public defender paperwork I requested the prelim paperwork again yet again I only got the public defender paperwork five or six days after my bond hearing I requested again the... View More

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answered on May 19, 2024

You need to take immediate action to address the issues with your case. Start by documenting everything that has happened, including all your requests for paperwork and any responses you've received. This will help establish a record of the lack of communication and mishandling of your case.... View More

2 Answers | Asked in Criminal Law, Personal Injury, Constitutional Law and Federal Crimes for South Carolina on
Q: Are there attorneys that represent Y2K clients?

I have been researching Y2K harassment and haven't been able to find any information on steps to take for legal action. Was wondering if there is legal president for legal action?

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2024

You could continue to run searches, and also check with local and state bar associations. After the turn of the century, there was less emphasis on this area. Good luck

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2 Answers | Asked in Constitutional Law and Criminal Law for South Carolina on
Q: Are any constitutional rights retained while under house arrest and/or probation?

Is so, which ones and to what extent?

Casey Brown
Casey Brown
answered on Feb 9, 2024

There are many constitutional rights kept by the person who is on house arrest or probation but there are many given up. The details would be too many to go over in this post so it is important to consult an experienced attorney and review documentation the person received when entering a house... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Constitutional Law and Libel & Slander for South Carolina on
Q: How did they sign a warrant for my arrest based of the statement of a witness that was the so called victims best friend

The so called victim was my husband customer who wrote a bad check for 6500 and my husband and him argued at the dock. I never got off the boat but he said I damaged his car?! We didn't even put.in at that marina I wouldn't even have known.what car or truck was his out of the 60... View More

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answered on Jan 30, 2024

I understand your concern and frustration regarding the warrant for your arrest. In situations like this, it's important to know that law enforcement can issue a warrant based on the statement of a witness, even if that witness is the alleged victim's friend. However, the validity of the... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: The police came without a search warrant I asked to show it ,they couldn't so he looks in my window and saw paraphernali

When he saw my weed pipe and said he gonna shoot my dog I told him I'll shot you,so they charged in tased me cuffed me,jail I went they never said under arrest or read my rights

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, it's important to understand that police generally need a warrant to conduct a search, but there are exceptions. One such exception is if an officer sees illegal items in plain view, like a weed pipe, which can justify a search and potentially an arrest without a warrant.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for South Carolina on
Q: I was falsely accused of shoplifting
James L. Arrasmith
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answered on Jan 2, 2024

Being falsely accused of shoplifting can be a distressing and confusing experience. It's important to understand your rights and the steps you can take to address this situation.

Firstly, remain calm and cooperative if approached by store security or law enforcement, but be mindful not...
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1 Answer | Asked in Constitutional Law for South Carolina on
Q: I was falsely accuse of shoplifting and got arrested. Went to court and won
James L. Arrasmith
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answered on Jan 2, 2024

Winning your court case for a false shoplifting accusation is a significant victory. This outcome not only clears your name but also confirms your innocence in a legal context. However, the experience of being falsely accused and arrested can have lasting impacts.

You might consider...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for South Carolina on
Q: Can a deputy sheriff in SC conduct a vehicle search on a non-county maintained (private/blue street sign) road?

Search was conducted during a routine traffic stop for a broken taillight observed on main highway but not stopped until on the private dirt road. K-9 unit was brought on scene and "alerted" as their reasoning for conducting the search. But were they legally even allowed to bring in the... View More

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answered on Nov 18, 2023

In South Carolina, the authority of a deputy sheriff to conduct a vehicle search does not necessarily change based on whether the road is county-maintained or private. The legality of the search typically hinges on whether the officer had probable cause or the driver's consent, rather than the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina on
Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me... View More

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answered on Nov 17, 2023

In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Is it illegal for the police to come an take pictures of my car and always watching g an following my car
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answered on Nov 5, 2023

It's important to understand that law enforcement officials have certain legal parameters they must operate within. Taking pictures of your car and surveillance in general can be lawful if it's part of a legitimate investigation and they have a reasonable suspicion of criminal activity.... View More

1 Answer | Asked in Constitutional Law for South Carolina on
Q: Conflict of interest between Lawyer and client

Lawyer representing client in 2018 for her divorce the lawyer is a senator as well. The client comes back after opening a nonprofit asking The now senator that was her attorney in 2018 to sign off on a distribution contribution of $250,000. From the leftover anFrom the leftover money that the... View More

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answered on Nov 5, 2023

In this scenario, the dual roles of the attorney as a senator and a practicing lawyer raise potential concerns about a conflict of interest. As a former attorney for the client, and now a public official, the lawyer must be cautious to avoid any actions that could appear to be preferential or... View More

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