4/29/10-Law enforcement in South Carolina no longer need to worry about obtaining a warrant to search people on parole or probation. Police would not be able to search just anyone on the streets.
House lawmakers voted 74-37 on Wednesday, April 28, to override Gov. Mark Sanford’s veto of a warrantless search bill. With the Senate vote of 36-7 earlier this month to override, the new law took effect immediately.
The rule change allows law enforcement to search those on parole or probation without first going to a judge for a warrant. The vehicles and any possessions could also be searched. Residences would still be off limits without a warrant.
Inmates would have to agree to future searches before being released from custody. Refusal to agree would result in inmates serving their full term.
Police officers and sheriff’s deputies must have reasonable suspicion of wrongdoing before searching someone on probation. Before any warrantless search, it must be verified the person is on parole or probation.
Sanford vetoed the bill – S191 – early this month. The Republican governor said it violates personal rights. He also said he sees no evidence that the powers granted would decrease crime or reduce recidivism.
“If there had been overwhelming results on this front, we would have supported the bill since in that case the benefit to society would outweigh the cost to individual liberty,” Sanford said in his veto statement.
House Speaker Bobby Harrell, R-Charleston, said it only applies to people convicted of a crime. He said they are still being punished and shouldn’t receive the same privacy as citizens.