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State v. Frazier

Court of Appeals of South Carolina
Jun 26, 2013
2013-UP-280 (S.C. Ct. App. Jun. 26, 2013)

Opinion

2013-UP-280

06-26-2013

The State, Respondent, v. Matthew Frazier, Appellant. Appellate Case No. 2011-193426

Appellate Defender Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.


UNPUBLISHED OPINION

Heard June 3, 2013

Appeal From Beaufort County Thomas A. Russo, Circuit Court Judge

Appellate Defender Dayne C. Phillips, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

PER CURIAM.

Matthew Frazier appeals his convictions for trafficking cocaine, possession with intent to distribute crack cocaine, and simple possession of marijuana. He argues the trial court erred in denying his motion to suppress evidence found during the execution of a search warrant, which Frazier alleges was facially insufficient to establish probable cause. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Dupree, 354 S.C. 676, 687, 583 S.E.2d 437, 443 (Ct. App. 2003) ("An informant's controlled buy of drugs can constitute probable cause sufficient for a magistrate to issue a warrant."); State v. Jones, 342 S.C. 121, 126-27, 536 S.E.2d 675, 678 (2000) (concluding a defendant in South Carolina may challenge misstatements in a search warrant affidavit); State v. Davis, 371 S.C. 412, 415-16, 639 S.E.2d 457, 459 (Ct. App. 2006) (describing the two-part test to determine if alleged misstatements in an affidavit render a search warrant invalid); id. at 416, 639 S.E.2d at 459 (explaining the first part of the test requires allegations and proof of either deliberate falsehood or reckless disregard for the truth); id. (explaining the second part of the test requires the court to determine if an allegedly false affidavit, with the false material set aside, is sufficient to establish probable cause).

AFFIRMED.

SHORT, THOMAS, and PIEPER, JJ., concur.


Summaries of

State v. Frazier

Court of Appeals of South Carolina
Jun 26, 2013
2013-UP-280 (S.C. Ct. App. Jun. 26, 2013)
Case details for

State v. Frazier

Case Details

Full title:The State, Respondent, v. Matthew Frazier, Appellant. Appellate Case No…

Court:Court of Appeals of South Carolina

Date published: Jun 26, 2013

Citations

2013-UP-280 (S.C. Ct. App. Jun. 26, 2013)