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Legality of police entry in raids questioned

People in South Carolina know that despite growing concerns about an opioid epidemic and other drug addition and abuse issues, there can still be a strong contingent of people who seem to revel in stories of officers coming down hard on defendants suspected of being involved in illegal drug activity. This group of people and others, however, should be aware that regardless of a situation, officers are supposed to follow the law when it comes to searching and entering a personal residence.

Concerns that some law enforcement units in the state have developed a pattern of ignoring what would be the law and instead essentially conducting illegal entry and searches are at the heart of an ongoing legal battle per The Washington Post. The case dates back to an incident in Myrtle Beach in 2015 when a group of task force members allegedly announced their presence and entry into a man’s home before storming in and opening fire on him, leaving him with permanent injuries that will bar him from walking and more for the rest of his life.

After filing an initial case against multiple entities, the defendant’s criminal drug charges were dropped and he was awarded a settlement of $2.75 million. One entity however failed to settle a case with the man and this is continuing today. The city of Myrtle Beach has not only refused to settle the case but requested that the case be dropped. A federal magistrate disagreed and ordered the case to continue.

Concerns regarding this case actually extend beyond it as information suggests that the state has a habit of failing to legally announce office presence before entering a residence. People who are concerned about illegal entry of an officer might want to talk with an attorney in South Carolina.

 

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