South Carolina v. Looper

Petitioner Andrew Looper challenged the court of appeals' dismissal of his appeal of an interlocutory circuit court order. Petitioner was charged with driving under the influence (DUI) after being pulled over by police for speeding. At a pretrial hearing before a magistrate, Petitioner moved to suppress evidence of field sobriety tests and breath analysis, arguing they were the fruits of an unconstitutionally prolonged traffic stop. The magistrate granted Petitioner's motion to suppress the evidence and dismissed the DUI charge. The State appealed to the circuit court, which held the magistrate erred in granting Petitioner's motion. The court reversed and remanded for further proceedings. Thereafter, Petitioner appealed to the court of appeals, which analogized the circuit court's order to an interlocutory order denying a motion to suppress evidence. The court of appeals dismissed the appeal, finding Petitioner was not "aggrieved" in a legal sense because he had not been convicted and sentenced. The South Carolina Supreme Court affirmed, finding that a party may appeal a decision not amounting to a final judgment only where provided by statute. View "South Carolina v. Looper" on Justia Law