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Mack v. Lott

Supreme Court of South Carolina.
Dec 9, 2015
415 S.C. 22 (S.C. 2015)

Opinion

Appellate Case No. 2014–002229. No. 27597.

12-09-2015

Demetrius MACK, Respondent, v. Leon LOTT, in his Official Capacity as Sheriff of Richland County, Petitioner.

Robert D. Garfield and Andrew F. Lindemann, both of Davidson & Lindemann, P.A., of Columbia, for petitioner. Joshua Snow Kendrick and Christopher S. Leonard, both of Kendrick & Leonard, P.C., of Columbia, and Neal Michael Lourie, of Lourie Law Firm, L.L.C., of Columbia, for respondent.


Robert D. Garfield and Andrew F. Lindemann, both of Davidson & Lindemann, P.A., of Columbia, for petitioner.

Joshua Snow Kendrick and Christopher S. Leonard, both of Kendrick & Leonard, P.C., of Columbia, and Neal Michael Lourie, of Lourie Law Firm, L.L.C., of Columbia, for respondent.

Opinion

PER CURIAM.

We granted a writ of certiorari to review the Court of Appeals' decision in Mack v. Lott, 410 S.C. 28, 762 S.E.2d 719 (Ct.App.2014). We now dismiss the writ as improvidently granted since both parties and the trial court agree that the proper standard for determining probable cause is an objective standard; that is, whether the facts known to the arresting officer at the time of the arrest, viewed from the standpoint of an objectively reasonable police officer, amount to probable cause. Because the Court of Appeals' language on this issue is arguably unclear, for the benefit of the bench and bar, we direct the Court of Appeals to depublish its opinion.

Accordingly, we

DEPUBLISH THE OPINION OF THE COURT OF APPEALS AND DISMISS CERTIORARI AS IMPROVIDENTLY GRANTED.


Summaries of

Mack v. Lott

Supreme Court of South Carolina.
Dec 9, 2015
415 S.C. 22 (S.C. 2015)
Case details for

Mack v. Lott

Case Details

Full title:Demetrius MACK, Respondent, v. Leon LOTT, in his Official Capacity as…

Court:Supreme Court of South Carolina.

Date published: Dec 9, 2015

Citations

415 S.C. 22 (S.C. 2015)
780 S.E.2d 761

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