Being stopped and searched by police can be stressful. It helps to know what the law says about the search of your personal belongings, especially your purse.
This article explains when police in South Carolina may search a purse, what you can say during a search, and what can happen to the evidence if the search was unlawful. It is general information, not legal advice. A licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on it.
If police searched your belongings and you have been charged with a crime, you can call our defense attorneys at (864) 618-2323 to talk about your case.
Summary of Police Search Laws in South Carolina
The Fourth Amendment protects “persons, houses, papers, and effects” against unreasonable searches and seizures (U.S. Const. amend. IV). The general rule is that a search without a warrant is unreasonable unless it fits one of a few established exceptions (Katz v. United States, 389 U.S. 347 (1967)). Those exceptions include consent, a search after a lawful arrest, and a search of a vehicle supported by probable cause.
Probable cause means a fair probability, based on all the circumstances, that contraband or evidence of a crime will be found in a particular place (Illinois v. Gates, 462 U.S. 213 (1983)). Reasonable suspicion is a lower standard. It allows an officer to briefly stop a person to investigate, and to pat down outer clothing for weapons if the officer reasonably believes the person is armed and dangerous (Terry v. Ohio, 392 U.S. 1 (1968)). Reasonable suspicion alone does not allow police to go through a purse looking for evidence.
Laws Governing Police Searches in South Carolina
Police in South Carolina are bound by the Fourth Amendment and by the South Carolina Constitution, which protects against “unreasonable searches and seizures and unreasonable invasions of privacy” (S.C. Const. art. I, § 10). By statute, a search warrant may be issued only on a sworn affidavit that establishes the grounds for the warrant, and the warrant must be executed within ten days after its date (S.C. Code Ann. § 17-13-140).
Rights During a Search
You do not have to agree to a search. When police rely on your consent instead of a warrant, the State must show the consent was voluntary, which a court decides by looking at all of the circumstances (Schneckloth v. Bustamonte, 412 U.S. 218 (1973)). South Carolina does not require an officer to tell you that you may refuse, but the lack of that warning is one factor a court can consider (State v. Forrester, 343 S.C. 637, 541 S.E.2d 837 (2001)).
You can also limit what you agree to. In Forrester, a woman held her purse open so an officer could look inside. The officer took the purse, felt it inside and out, and tore out the lining. The South Carolina Supreme Court held that the officer exceeded the scope of the consent and that the evidence should have been excluded (State v. Forrester).
A person who is briefly detained is generally not required to answer an officer’s questions (Berkemer v. McCarty, 468 U.S. 420 (1984)). If an officer searches even though you said no, do not physically resist. State clearly that you do not consent and raise the issue with an attorney. A court decides later whether the search was lawful.
Court Decisions on Purses and Personal Belongings
Several decisions address searches of purses and similar belongings:
- Vehicles. When police have probable cause to search a car, they may inspect passengers’ belongings found in the car that are capable of concealing the object of the search (Wyoming v. Houghton, 526 U.S. 295 (1999)). The scope of that search is defined by the object of the search and the places where there is probable cause to believe it may be found (United States v. Ross, 456 U.S. 798 (1982)).
- Booking at jail. After a lawful arrest, police may inventory a person’s belongings, including a shoulder bag, as part of the routine booking process at the police station (Illinois v. Lafayette, 462 U.S. 640 (1983)).
- Consent. In South Carolina, an officer who relies on consent may not go beyond the scope of what the person allowed (State v. Forrester).
What Can Police Legally Search in Your Purse?
Police may search a purse in these situations, depending on the facts:
- With a warrant. The warrant must name the place to be searched and the things to be seized, and it must rest on probable cause.
- With your valid consent. The search may not go beyond what you allowed.
- After a lawful arrest. Police may search the arrestee and the area within the arrestee’s immediate control (Chimel v. California, 395 U.S. 752 (1969)). Whether a purse falls inside that area depends on where it was and whether you could reach it. Police may also inventory belongings at the jail (Illinois v. Lafayette).
- In a vehicle, with probable cause. See Wyoming v. Houghton above.
- For weapons, with a reasonable belief that you are armed and dangerous. This is a limited search for weapons, not a search for evidence (Terry v. Ohio).
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Reasonable Suspicion Is Not Enough for a Full Search
Reasonable suspicion can justify a brief stop and, in some cases, a limited check for weapons. It does not by itself justify opening a purse and searching it for evidence. For that, police need a warrant, valid consent, or another recognized exception.
Evidence Found in a Purse
If police find evidence of a crime during a lawful search, they can seize it and the prosecution may try to use it in court. Evidence from an unlawful search may be excluded under the exclusionary rule (Mapp v. Ohio, 367 U.S. 643 (1961)). There are exceptions to that rule, so read our page on what makes evidence inadmissible.
Searches Without a Valid Basis
If police search your purse without a warrant, valid consent, or another exception, you may be able to challenge the search. The usual way to do that is a motion to suppress, which asks the court to exclude the evidence. You have the right to refuse a search, and it is best to stay calm and polite while you do so.
If You Have Been Charged With a Crime After Your Belongings Were Searched
Whether a purse search was lawful depends on the facts: why police stopped you, what they said, whether you consented, and what they did with your belongings. Evidence from an unlawful search is not always excluded, and each case turns on its own details.
At Touma Law Group, our attorneys can review the stop, the search and any statements you made. If you believe your rights were violated during a police search, reach out to us for a free consultation. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on general information like this.
