Is the US Supreme Court’s opinion in Vega v. Tekoh “the death of Miranda?” No… It is not the death of Miranda, although it could be an ominous sign of what the Court is planning in future appellate opinions. Tekoh does not “do away with” Miranda rights, and the result...
Know Your Rights
What is a Preliminary Hearing in SC?
A preliminary hearing in SC is a probable cause hearing where the prosecution must prove that there was probable cause for your arrest and charges. If there was no probable cause, your case is dismissed. If the court finds that there was probable cause for the arrest,...
Why You Should Get an Attorney Before Talking to Police: State v. Tillman
Get an attorney before talking to police – if you subject yourself to interviews or make statements to the police before speaking with an attorney, any inconsistent statements you make will be used against you as circumstantial evidence of your guilt.
$200,000 Verdict Upheld for False Imprisonment and Malicious Prosecution
A University of South Carolina professor's jury verdict of over $200,000 for false imprisonment and malicious prosecution was upheld by the SC Court of Appeals in Hassell v. City of Columbia on July 1, 2020. The professor was wrongfully arrested for DUI although he...
Should I Talk to the Police?
Should I talk to the police? You answer a knock on your door to find a uniformed police officer standing outside on the porch. You're feeling nervous and can feel the adrenaline starting to pump, but you answer the door anyway, hoping everything is okay. "Hello, Mr....
How does the ‘pain and suffering multiplier’ work?
You're driving home from work, minding your own affairs, and you get into a car accident. After weeks of physical recovery, you still are disfigured and suffer from chronic pain. How is it possible to put a dollar amount for compensation for such pain and...
Can I be Arrested for Going to a Party in SC?
In 2008, police in D.C. arrested 21 people for trespassing and disorderly conduct after they were invited to a bachelor party. Although there was no evidence that the partygoers knew they were trespassing, the girl who invited them did not have permission to have the...
Can Police Search my Car Without a Search Warrant?
"Come back with a warrant!" Is a phrase that we hear often in movies, on social media, and in YouTube videos. What about when a police officer is asking for consent to search your car? Or when a police officer is telling you to step out of the vehicle and says he...
