Archives > 1976 South Carolina Code of Laws - Previous Versions > 2002 Session > Title 23

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SECTION 23-5-10. [1962 Code Section 46-851; 1952 Code Section 46-851; 1951 (47) 457]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-20. [1962 Code Section 46-852; 1952 Code Section 46-852; 1951 (47) 457; 1960 (51) 1606]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-30. [1962 Code Section 46-853; 1952 Code Section 46-853; 1951 (47) 457]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-31. Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-32. Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-33. Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-34. Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-40. [1962 Code Section 46-854; 1952 Code Section 46-854; 1951 (47) 457; 1969 (56) 153]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-13-60, and therefore SECTION 23-5-40, grants to highway patrolman authority to arrest defendant where patrolman arriving at scene of accident finds two cars, each damaged by other, and defendant, admitted driver of one vehicle, is highly intoxicated. State v. Martin (S.C. 1980) 275 S.C. 141, 268 S.E.2d 105.

Arrest without warrant for operation without tail lights may not be resisted. A highway patrolman, under the terms of this section [Code 1962 Section 46-854] is required to enforce the laws of this State relative to highway traffic. Accordingly, he has a right to arrest, without a warrant, for the violation of the statute with reference to the operation of a motor vehicle upon a public highway without tail lights and a party has no legal right to resist this lawful authority. State v. Young (S.C. 1963) 243 S.C. 187, 133 S.E.2d 210, certiorari denied 85 S.Ct. 85, 379 U.S. 868, 13 L.Ed.2d 71, rehearing denied 85 S.Ct. 334, 379 U.S. 940, 13 L.Ed.2d 351.

This section [Code 1962 Section 46-854] gives highway patrolmen the same authority and power possessed by a deputy sheriff to enforce the criminal laws of this State; accordingly, a highway patrolman is empowered to arrest without a warrant any person who commits a misdemeanor in his presence. State v. Williams (S.C. 1960) 237 S.C. 252, 116 S.E.2d 858.

A crime is committed in the presence of an officer when the facts and circumstances occurring within his observation, in connection with what, under the circumstances, may be considered as common knowledge, give him probable cause to believe or reasonable grounds to suspect that such is the case. State v. Williams (S.C. 1960) 237 S.C. 252, 116 S.E.2d 858.

When committed in presence of officer. This section [Code 1962 Section 46-854] does not confer upon the officers the authority to make arrests without warrants for misdemeanors not committed in their presence. Yongue v. National Sur. Corp. (S.C. 1939) 190 S.C. 421, 3 S.E.2d 198.

Duty of officer in making arrest. Where a patrolman is also a State constable, it is the duty of the officer in making an arrest to state his official character, the cause of the arrest, and to exhibit his warrant, if he has one. But the failure to take these precautions does not justify homicide or even physical resistance by the party arrested, without inquiry on his part as to the authority for his arrest. State v. Luster (S.C. 1935) 178 S.C. 199, 182 S.E. 427.

Arrest without warrant for misdemeanor. Where a highway patrolman is also a State constable, he is vested with all the powers of a peace officer of the State, and he has the right to arrest without a warrant any person who commits a misdemeanor in his sight or hearing. State v. Luster (S.C. 1935) 178 S.C. 199, 182 S.E. 427.

SECTION 23-5-50. [1962 Code Section 46-855; 1952 Code Section 46-855; 1951 (47) 457; 1982 Act No. 338]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.

SECTION 23-5-60. [1962 Code Section 46-856; 1952 Code Section 46-856; 1951 (47) 457]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.