Bill > H4712

This bill amends South Carolina law regarding search warrants by strengthening requirements for how law enforcement must conduct searches and handle property. Specifically, the bill requires that before executing a search warrant, a copy of the warrant must be provided to the person being searched or the property owner, with alternative methods like posting the warrant in a conspicuous place if the person is unavailable. The bill also mandates that if no items are seized during a search, law enforcement must return the property to its original condition and ensure it remains secure. If law enforcement fails to secure the property and damage occurs, they could be subject to a civil lawsuit for damages. The bill maintains existing provisions about the types of property that can be seized (such as stolen goods, evidence of crimes, or illegal substances) and the process for obtaining and executing search warrants, which must be approved by a magistrate, municipal judge, or court of record judge based on probable cause. The changes aim to provide more transparency and protection for individuals subject to search warrants while ensuring law enforcement follows proper procedures.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4712&session=126&summary=B