What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in South Carolina?
A person is said to be arrested in South Carolina when they are taken into custody by "legal authority." This typically occurs when there is probable cause to believe the person has committed or is about to commit a crime. Some common scenarios that can lead to being arrested in South Carolina include:
- Assaulting a person
- Theft, burglary, and trespassing
- Drug possession and distribution
- Public intoxication and disorderly conduct
- Driving under the influence (DUI), reckless driving, or other serious traffic violations, especially those involving injury or property damage
- Violating a court order or failing to show up in court for a scheduled hearing
Arrests in South Carolina are governed by state statutes, primarily Title 17, Chapter 13 of the South Carolina Code of Laws, which outlines the circumstances under which these actions can be made and the procedures to be followed. The following key legal principles guide the arrest process in the state:
- Custody and Control: custody refers to the act of holding a person by lawful process or authority to ensure that they show up to a court hearing. This is central to arrests in South Carolina; once a person is arrested, they are under the custody and control of law enforcement and are not free to leave of their own volition.
- Legal Authority: Sections 17-13-10 and 17-13-30 of the South Carolina Code authorize law enforcement officers to carry out arrests and permit them to make a warrantless arrest if they witness a crime being committed or have probable cause to believe a felony has been committed. Private citizens are also authorized to carry out an arrest under certain circumstances, such as if the individual has broken into a home or is in possession of stolen property (South Carolina Code of Laws Section 17-13-20).
- Miranda Rights: law enforcement officers are required to inform individuals of their Miranda rights once they are taken into custody (and before questioning them). These rights, which are based on the Miranda v. Arizona ruling by the U.S. Supreme Court, are a set of warnings letting the individual know that:
- They have the right to remain silent
- Any statements made can be used against them in court
- They have the right to an attorney, and one will be appointed if they cannot afford one
- Restraint and Transport: South Carolina law permits officers to use reasonable force when necessary to make an arrest or restrain an individual. Once in custody, the arrestee is transported to a police station for booking.
- Booking Process: this involves recording the arrestee's personal information, photographing and fingerprinting them, and documenting other pertinent information, like the nature of the offense and the arresting officer's name. The booking process is usually initiated once the arrestee arrives at the police station.
It should be noted that even though arrests and detainment are both legal concepts that involve restricting a person's freedom, they are not the same. Detainments are temporary holds primarily done for investigative or questioning purposes, usually to determine if there is probable cause to proceed with further action, like an arrest. On the other hand, arrests involve formally taking a person into custody and charging them with a crime. The key difference between both is that detention only requires reasonable suspicion on the part of the law enforcement officer that a crime has or is about to be committed and is usually for a short period. In contrast, arrests require a higher standard (probable cause based on credible evidence and facts that the person involved has or is about to commit a crime) and have more significant legal consequences than detainment.
What is Unlawful Arrest in South Carolina?
An unlawful or false arrest in South Carolina is an arrest made without legal authority or in violation of the legal procedures set forth by state (and federal) laws. Several factors can contribute to making an arrest unlawful in South Carolina, including:
- Lack of Probable Cause: probable cause is a crucial aspect of the arrest process in South Carolina; before a person can be arrested, there must be reliable evidence or information that would lead a reasonable person to believe a crime has been or is about to be committed. Arrests without probable cause are considered unlawful and can be challenged in court.
- Arrest Without a Warrant: per South Carolina Code of Laws Sections 17-13-10 and 17-13-30, law enforcement officers may arrest without a warrant if they have probable cause to believe that a felony offense has been committed or witness a crime. Any arrests made without a warrant outside these circumstances are considered unlawful.
- Violation of Constitutional Rights: any arrest violating a person's constitutional rights is deemed unlawful. For example, under the Fourth Amendment, individuals are protected from unreasonable searches and seizures, and arrests made without proper legal justification can infringe on this protection. Likewise, any arrest that violates the Fourteenth Amendment's right of equal protection under the law — such as those based on racial profiling or discrimination — is unlawful and can be contested.
- Arrest Outside Jurisdiction: law enforcement officers are typically limited to operating within a specific geographical area of jurisdiction. However, South Carolina Code of Laws Section 17-13-40 authorizes officers in pursuit of an offender for violations of municipal ordinances or state statutes to make arrests anywhere within the county or within a three-mile radius outside city limits. Officers may also carry out arrests in a neighboring county for violations of a county ordinance (and state law). Any other arrest made outside the officer's jurisdiction is deemed unlawful.
- Procedural Violations: procedural violations like failing to read a suspect their Miranda rights before questioning or refusing to tell the suspect the true grounds for their arrest (as mandated by South Carolina Code of Laws Section 17-13-50) can result in unlawful arrest claims.
- Mistaken Identity: arrests made due to misidentifying the person arrested are also considered wrongful/unlawful arrests.
Unlawful arrests in South Carolina can have serious consequences, including emotional turmoil for the victim and a loss of confidence in law enforcement. For this reason, several state and federal laws provide remedies for such situations:
- Civil Lawsuits: victims of unlawful arrest may file civil lawsuits (under U.S. Code Title 42, Section 1983) against the arresting officers for violations of constitutional rights.
- Evidence Exclusion: evidence obtained as a result of an unlawful arrest may be inadmissible in court under the Fourth Amendment's exclusionary rule. This rule prevents evidence gathered through illegal means from being used against the accused.
- Dismissal of Charges: charges brought forth as a result of an arrest that is deemed unconstitutional or procedurally flawed may be dismissed.
- Criminal Charges: law enforcement officers (and private citizens) accused of carrying out an unlawful arrest may face criminal charges, especially if it is determined that they knowingly and maliciously detained/confined the person without the legal authority to do so.
Are Arrest Records Public in South Carolina?
Arrest records are generally considered public information in South Carolina per the state's Freedom of Information Act, meaning that they can be inspected and copied by interested members of the public. However, certain records or sensitive information in the record may be restricted from disclosure to protect privacy or other statutory reasons. Information contained in South Carolina arrest records that is publicly accessible include:
- The name, age, and sex of the person named on the record
- The date and location of the arrest
- The offenses that led to the arrest
- A brief description of the arrest
- The arresting officer's name and law enforcement agency
Mugshots are also typically publicly available (however, they may be withheld in some instances, such as if the charges against the person are dismissed). Likewise, information that would interfere with an ongoing investigation/proceeding, disclose the identity of a confidential source, prevent a person from receiving a fair and unbiased legal process, or unreasonably violate a person's privacy is typically restricted. Juvenile and expunged arrest records are also statutorily deemed confidential and cannot be accessed by the public.
What are the Types of Arrest Records in South Carolina?
South Carolina arrest records are primarily generated by local police departments and county sheriff's offices responsible for documenting arrests within their jurisdictions. The South Carolina Law Enforcement Division (SLED) also maintains statewide copies of criminal records. These records contain comprehensive criminal history information, including details of past arrests, charges, convictions, and sentences brought against the subject of the record, making them more comprehensive than locally generated arrest records.
Where are Arrest Records Kept in South Carolina?
Arrest records in South Carolina are maintained by various local and state agencies, including:
- Local Police Departments and Sheriff's Offices: local law enforcement agencies maintain arrest records for incidents occurring within their respective cities, towns, and counties. These records typically include basic information such as the arrested individual's name, age, date of arrest, and offense(s) leading to the arrest.
- The South Carolina Law Enforcement Division (SLED): SLED is a central repository for criminal records in South Carolina and maintains copies of arrests (and other criminal history information) occurring across the state.
- The South Carolina Judicial Branch: South Carolina courts document and keep records of arrests that lead to criminal charges and legal proceedings. These court records typically include information on the offense that led to the arrest, as well as subsequent legal actions involving the case, like the charges filed and trial outcomes.
- The South Carolina Department of Public Safety: This department maintains copies of arrests that it carries out (usually for traffic-related cases). However, copies of these records may also be accessed through the state's Law Enforcement Division (SLED).
- The South Carolina Department of Corrections (SCDC): the SCDC maintains records of individuals whose arrests resulted in their sentencing and incarceration in a state correctional facility. Publicly available information held by this department includes the individual's name, picture, age, sex, race, physical description, offenses (that led to their current incarceration), and projected release date. Note that the SCDC does not provide public access to records of individuals who have been released from its custody and individuals held in county detention facilities.
- Federal Agencies: federal criminal justice agencies like the FBI maintain copies of records of arrests related to federal crimes committed in South Carolina. The Federal Bureau of Prisons (BOP) also holds records for individuals incarcerated in federal prisons located within South Carolina (similar to the SCDC).
How To Find Public Arrest Records in South Carolina?
Public arrest records in South Carolina can be accessed via the following methods:
- Through Local Law Enforcement Agencies: local police departments and sheriff's offices maintain records of arrests made within their jurisdictions and provide interested parties with access to these records. Note that these agencies will only have records of arrests they handled; as such, it is important to contact the appropriate agency to gain access to the required records. Also, while the general process for accessing arrest records from local law enforcement involves submitting a written request and paying a search/copy fee, some agencies may have additional agency-specific requirements or restrictions.
- Through the South Carolina Law Enforcement Division (SLED): SLED offers an online Citizens Access to Criminal Histories (CATCH) service, which allows interested members of the public to view and print criminal records, including arrest information. SLED also offers offline access to these records – individuals who wish to utilize this option must complete and submit a Criminal Record Check form to the division (using the address provided on the form). There is a non-refundable $25 fee plus an additional $1 convenience fee for online requests.
- Through South Carolina Courts: interested parties can also access records on arrests that result in criminal charges being filed (against the arrestee) by contacting the court that handled the case. The state's judicial branch also offers a case records search tool that can be used to search for these records online.
- Through a Third-Party Website: third-party websites are another option for accessing public arrest records in South Carolina. Reputable platforms like RecordsFinder aggregate information from public and private databases and have the advantage of aiding users in conveniently locating the appropriate record custodian and obtaining copies of the required records. However, it should be noted that these websites are usually non-governmental, and as such, record availability may differ from official channels.
How Long Do Arrests Stay on the Record in South Carolina?
Arrests (and overall criminal information) in South Carolina typically remain on a person's record indefinitely. However, the state's Uniform Expungement of Criminal Records Act allows for the expungement of certain records. Note that records are not automatically expunged in South Carolina; the subject of the record must actively petition the court for this expungement.
How To Seal or Expunge an Arrest Record in South Carolina?
In South Carolina, expungement is the legal process of removing arrests and dispositions from a person's record. It should be noted that this process does not always destroy the record (as is the case with some other states), and some expunged information may be retained but 'sealed," meaning that the public can no longer access it. South Carolina Code of Laws Section 17-22-910 outlines the types of records eligible for expungement in the state. These typically include cases that did not result in a conviction (either because the charges were dismissed, not prosecuted, or a verdict of "not guilty" was returned) and certain non-violent first-time offenses.
Eligible individuals looking to expunge their records must contact the Solicitor in the judicial circuit where the offense was committed, obtain the necessary forms, and pay all applicable fees. The solicitor's office typically sends the application to the state's law enforcement division (SLED) to verify that the offense(s) listed are eligible for expungement and also seeks recommendations from relevant law enforcement and prosecuting agencies. Be aware that some offenses have a mandatory waiting period after the completion of the sentence before they can be expunged, ranging from one to five years (depending on the severity of the offense).
Once a record is expunged, it is usually destroyed and can no longer be accessed by the public. However, pursuant to the South Carolina Code of Laws Section 17-1-40, certain agencies may retain some of these records, usually for investigation and prosecutory reasons. These agencies include:
- Law Enforcement and Prosecution Agencies: these agencies typically retain arrest and booking records, such as mug shots, associated bench warrants, and fingerprints for non-conviction expungement, for up to three years and one hundred and twenty days but may keep this information indefinitely. However, the records are still exempt from disclosure and may only be accessed with a valid court order.
- Detention and Correctional Facilities: these agencies may retain expunged booking records, identifying documentation, identifying materials, and institutional files and reports for up to three years and one hundred and twenty days, beginning from the date of the expungement order. The records must be destroyed after this time, except in situations where they are still required to address an active action, inquiry, or complaint.
