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South Carolina Supreme Court Rejects U.S. Supreme Court’s Shifting of Burden to Defendant to Prove Absence of Exigent Circumstances in DUI Cases

Loaded on June 15, 2020 by Douglas Ankney published in Criminal Legal News July, 2020, page 44
Filed under: Exigent Circumstances, Warrantless Searches, Burden of Proof. Location: South Carolina.

by Douglas Ankney

The Supreme Court of South Carolina rejected the U.S. Supreme Court’s ruling in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), to the extent that Mitchell shifts to the defendant the burden to prove the absence of exigent circumstances to justify a warrantless blood draw.

Kathryn ...

 

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