South Carolina v. Kinloch

Respondent Bryant Kinloch was charged with trafficking cocaine, trafficking heroin, and possession with intent to distribute heroin within proximity of a park after law enforcement obtained a search warrant and discovered cocaine and heroin at a Charleston residence. Before trial, Kinloch moved to suppress the drugs, arguing: (1) the search warrant affidavit was not sufficient to establish probable cause to search the residence; (2) the good faith exception to the exclusionary rule did not apply; and (3) even if the affidavit were sufficient, law enforcement intentionally omitted exculpatory information, which, if included, would defeat probable cause. The trial judge suppressed the drugs, finding the search warrant affidavit was insufficient to establish probable cause. The Court of Appeals affirmed. The State appealed. After review of the trial court record, the Supreme Court found that the Court of Appeals erred in affirming the circuit court's suppression ruling as the magistrate had a substantial basis for reaching his probable cause determination. View "South Carolina v. Kinloch" on Justia Law