Getting stopped by the police can be stressful. Many people are left wondering whether officers had the right to search them, their vehicle, or their property. Questions about probable cause, search warrants, and your constitutional rights often come up after a traffic stop or another police encounter.
At Touma Law Group, we understand how confusing these situations can be. Our Anderson criminal defense lawyers represent clients in Anderson and across South Carolina who are facing criminal charges, and we review whether a search was lawful. If you believe your rights were violated, contact Touma Law Group to discuss your case and learn about your legal options. This page 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.
What Is Probable Cause?
Probable cause is a legal standard that allows law enforcement to make arrests and conduct certain searches. Officers must have enough facts and circumstances to support a fair probability that a crime has been committed or that evidence of a crime will be found in a particular place (Illinois v. Gates, 462 U.S. 213 (1983)).
These protections come from the Fourth Amendment to the United States Constitution and from Article I, Section 10 of the South Carolina Constitution (S.C. Const. art. I, § 10). The Fourth Amendment protects people from unreasonable search and seizure by the government.
Examples of facts that may help establish probable cause include:
- Illegal drugs or weapons in plain view
- Statements from witnesses
- Evidence discovered during a traffic stop
- Signs of impaired driving
- Admissions made by a suspect
A police officer cannot search someone based on a hunch alone. Courts look at the totality of the circumstances when deciding whether probable cause existed (Illinois v. Gates).
Probable Cause vs. Reasonable Suspicion
People often confuse probable cause with reasonable suspicion, but they are different legal standards.
Reasonable suspicion is a lower standard. It allows a law enforcement officer to briefly stop and investigate someone when the officer reasonably concludes that criminal activity may be afoot (Terry v. Ohio, 392 U.S. 1 (1968)). This commonly happens during motor vehicle stops.
For example, officers may stop a driver for:
- Speeding
- Swerving between lanes
- Running a stop sign
- Violating a municipal ordinance
A pat-down of outer clothing is allowed only when the officer reasonably believes the person may be armed and presently dangerous, and it is limited to a search for weapons (Terry v. Ohio). Although reasonable suspicion may justify a brief stop, probable cause is usually required for an arrest or a search.
Understanding this difference is important because it can affect how criminal cases are handled.
How the Fourth Amendment Protects You
The Fourth Amendment protects people from unreasonable search and seizure. In many situations, law enforcement must obtain a search warrant before searching private property.
A search warrant is a court order issued by a judge or magistrate based on probable cause. The Fourth Amendment requires that a warrant particularly describe the place to be searched and the persons or things to be seized (U.S. Const. amend. IV). In South Carolina, a warrant may be issued only on a sworn affidavit that establishes the grounds for it, and it must be executed within ten days after its date (S.C. Code Ann. § 17-13-140).
Search warrants are commonly used for:
- Homes
- Businesses
- Cell phones
- Computers
- Text message evidence
For cell phones, the Supreme Court has held that police generally must get a warrant before searching the digital information on a phone seized from an arrested person (Riley v. California, 573 U.S. 373 (2014)). These protections are meant to balance public safety with individual rights.
Learn more about your Fourth Amendment rights.
Searches of Homes and Property
Police officers generally need a search warrant before entering a home to search it or to make a routine arrest (Payton v. New York, 445 U.S. 573 (1980)). However, there are exceptions that allow warrantless searches.
These situations may include:
- Consent from the owner or resident
- Emergencies that threaten public safety
- The risk that evidence may be destroyed
- Pursuing a fleeing suspect
Exigent circumstances can apply when police reasonably believe evidence is about to be destroyed, as long as the police did not create the exigency by violating or threatening to violate the Fourth Amendment (Kentucky v. King, 563 U.S. 452 (2011)). The Supreme Court has also upheld a warrantless search for an armed suspect who had just entered a house (Warden v. Hayden, 387 U.S. 294 (1967)).
Officers may also conduct a limited protective sweep in connection with an arrest in a home when they have a reasonable belief, based on specific and articulable facts, that the area to be swept harbors a person who poses a danger (Maryland v. Buie, 494 U.S. 325 (1990)).
Although exceptions exist, law enforcement must still follow the Constitution. Evidence obtained through unlawful searches may later be challenged in court.
Vehicle Searches in South Carolina
A vehicle search is treated differently from a search of a home. Because vehicles are mobile, officers may search them without first obtaining a warrant under certain circumstances, including when they have probable cause to believe the vehicle contains contraband or evidence of a crime (Carroll v. United States, 267 U.S. 132 (1925)).
Common reasons for a vehicle search include:
- Probable cause that evidence or contraband is inside
- Illegal items in plain view
- Consent from the driver
- Searches incident to an arrest
- An inventory search after impoundment
A search incident to arrest allows police to search the passenger compartment of a vehicle only if it is reasonable to believe the arrestee might access the vehicle at the time of the search, or that the vehicle contains evidence of the offense of arrest (Arizona v. Gant, 556 U.S. 332 (2009)). An inventory search must follow the routine caretaking procedures used when a vehicle is impounded (South Dakota v. Opperman, 428 U.S. 364 (1976)).
Vehicle searches frequently occur during motor vehicle stops and drug interdiction efforts.
For example, if a law enforcement officer discovers a controlled substance or improperly possessed prescription pills, that information may establish probable cause for a more extensive search.
Learn More: When can a cop search your car in South Carolina?
Traffic Stops and DUI Investigations
Many search and seizure issues begin with a traffic stop.
During DUI investigations, officers may perform:
- Field sobriety tests
- A chemical test
- Blood tests
- Breath tests
A blood-alcohol reading and blood test results are often used as evidence in DUI cases.
However, officers must still follow constitutional requirements. A blood test is a search of the person, and the natural dissipation of alcohol in the bloodstream does not by itself create an emergency that justifies a blood draw without a warrant in every case (Missouri v. McNeely, 569 U.S. 141 (2013)). Evidence collected in violation of the Fourth Amendment may become the subject of evidence suppression motions and suppression hearings.
When we review a case, we often look at:
- Police reports
- Dash camera footage
- Body camera footage
- Chemical test records
- Officer statements
These details can reveal constitutional violations that may affect the case.
When Can Police Search Without a Warrant?
Although search warrants are common, warrantless searches are permitted in certain situations.
Consent Searches
If someone voluntarily gives consent, officers may search without a warrant. The State must show that the consent was voluntary, which a court decides from the totality of the circumstances (Schneckloth v. Bustamonte, 412 U.S. 218 (1973)).
Search Incident to Arrest
Police may search a person after making a lawful arrest, and the area within the arrestee’s immediate control (Chimel v. California, 395 U.S. 752 (1969)).
Emergency Situations
Officers may act quickly when immediate action is necessary to protect public safety.
Inventory Searches
When police impound a vehicle, they may conduct an inventory search to document its contents.
Even when exceptions apply, officers must remain within legal limits.
What Happens If the Search Was Illegal?
An unlawful search does not automatically mean that charges will be dismissed. However, evidence obtained from an unconstitutional search may be excluded from a state criminal trial under the exclusionary rule (Mapp v. Ohio, 367 U.S. 643 (1961)), subject to exceptions.
Depending on the circumstances, we may file motions involving:
- Illegal searches and seizures
- Improper traffic stops
- Invalid search warrants
- Improperly obtained text message evidence
- Problems involving blood test results
Suppression hearings allow judges to decide whether evidence should be excluded. If important evidence is excluded, the prosecution may have difficulty proving its case, but the outcome depends on the facts and on the judge’s ruling.
Criminal Charges That Often Involve Search and Seizure Issues
Search and seizure questions arise in many criminal cases.
Drug Crimes
Drug crimes often involve allegations involving:
- A controlled substance
- Prescription pills
- Possession charges
- Drug trafficking
- A drug charge connected to a vehicle search
Learn More: Search and seizure laws in drug arrests
DUI Cases
DUI investigations frequently involve:
- Field sobriety tests
- Chemical tests
- Blood-alcohol readings
- Blood test results
Domestic Abuse Investigations
Cases involving allegations of domestic abuse sometimes lead to searches of homes, firearms, and electronic devices.
Disorderly Conduct Charges
Disorderly conduct cases often begin with police encounters that raise questions about whether officers acted lawfully.
How We Review Searches
At Touma Law Group, we examine every aspect of a case.
Our approach may include:
- Reviewing police reports
- Analyzing body camera footage
- Filing motions to challenge a search when the facts support it
- Preparing for suppression hearings
- Presenting arguments in court
Issues discovered early in a case may affect plea negotiations, trial strategy, and even a future sentencing hearing.
Our goal is to protect our clients’ rights and to make sure law enforcement follows South Carolina law.
What Should You Do if You Believe Your Rights Were Violated?
If you believe police violated your rights, we recommend that you:
- Stay calm during police encounters.
- Avoid arguing with officers.
- Exercise your right to remain silent.
- Preserve videos, photos, and witness information.
- Contact a criminal defense lawyer as soon as possible.
Trying to explain your side of the story before speaking with an attorney can sometimes make things more difficult.
Contact Touma Law Group Today
Search and seizure laws are complicated, and mistakes made by law enforcement can have serious consequences. Whether your case involves a traffic stop, a DUI investigation, drug crimes, domestic abuse allegations, or another criminal matter, understanding your rights is critical.
At Touma Law Group, we represent clients in Anderson and across South Carolina. We investigate police conduct and review whether searches were lawful. If you have questions about probable cause or believe officers violated your rights, contact Touma Law Group to schedule a consultation and learn how we can help. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on general information.
Frequently Asked Questions
What is the difference between probable cause and reasonable suspicion?
Reasonable suspicion allows a police officer to briefly stop and investigate a person. Probable cause is a higher legal standard and is usually required for arrests and many searches.
Can police search my car without a warrant in South Carolina?
Yes, under certain circumstances. A law enforcement officer may conduct a vehicle search without first obtaining a search warrant. Common reasons include probable cause, consent, or a search incident to an arrest.
Can evidence be thrown out if police violated my rights?
Sometimes. If officers conducted unlawful searches or committed other constitutional violations, your attorney may ask the court to exclude the evidence through evidence suppression motions and suppression hearings. Exceptions to the exclusionary rule can allow evidence to be used even after an unlawful search.
Do I have to consent to a search?
Generally, no. You have the right to refuse consent in many situations, and the State must prove that any consent was voluntary. You should still remain calm and avoid interfering with law enforcement.
