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State v. Baxter

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 20, 2013
Appellate Case No. 2011-187486 (S.C. Ct. App. Nov. 20, 2013)

Opinion

Appellate Case No. 2011-187486 Unpublished Opinion No. 2013-UP-429

11-20-2013

The State, Respondent, v. Troy Terrell Baxter, Appellant.

Appellate Defenders Breen Richard Stevens and Benjamin John Tripp, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.


Appeal From York County

John C. Hayes, III, Circuit Court Judge


AFFIRMED

Appellate Defenders Breen Richard Stevens and Benjamin John Tripp, both of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Brockman, 339 S.C. 57, 66, 528 S.E.2d 661, 666 (2000) (providing our appellate courts review Fourth Amendment determinations under a clear error standard and "will affirm if there is any evidence to support the ruling"); State v. Baccus, 367 S.C. 41, 48, 625 S.E.2d 216, 220 (2006) ("The trial judge's factual findings on whether evidence should be suppressed due to a Fourth Amendment violation are reviewed for clear error."); State v. Pichardo, 367 S.C. 84, 98, 623 S.E.2d 840, 847-48 (Ct. App. 2005) (holding the continued detention of a car and its occupants after a traffic stop has been fulfilled is not per se unconstitutional when "the officer has a reasonable suspicion of a serious crime"); State v. Weaver, 374 S.C. 313, 320, 649 S.E.2d 479, 482 (2007) ("Pursuant to the automobile exception, if there is probable cause to search a vehicle, a warrant is not necessary so long as the search is based on facts that would justify the issuance of a warrant, even though a warrant has not been actually obtained."); Ornelas v. United States, 517 U.S. 690, 696 (1996) (stating probable cause to search exists "where the known facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found"). AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

SHORT, WILLIAMS, and THOMAS, JJ., concur.


Summaries of

State v. Baxter

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 20, 2013
Appellate Case No. 2011-187486 (S.C. Ct. App. Nov. 20, 2013)
Case details for

State v. Baxter

Case Details

Full title:The State, Respondent, v. Troy Terrell Baxter, Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Nov 20, 2013

Citations

Appellate Case No. 2011-187486 (S.C. Ct. App. Nov. 20, 2013)