§ 17-13-10 Circumstances when any person may arrest a felon or thief
§ 17-13-20 Additional circumstances when citizens may arrest; means to be used
§ 17-13-30 Officers may arrest without warrant for offenses committed in view
§ 17-13-40 Law enforcement officer jurisdiction when in pursuit of offender; authority, rights, privileges and immunities extended
§ 17-13-45 Response to distress calls or requests for assistance in adjacent jurisdictions; extension of rights, privileges and immunities
§ 17-13-47 Arrest in State by officer from Georgia or North Carolina; procedure for determining lawfulness of arrest; extradition
§ 17-13-50 Right to be informed of ground of arrest; consequences of refusal to answer or false answer
§ 17-13-60 Circumstances when persons are not to be arrested but may be served process
§ 17-13-70 Warrant authorizing breaking open gambling rooms
§ 17-13-80 Service of process on domestic and foreign corporations
§ 17-13-90 Service of criminal process on Sunday
§ 17-13-100 Escaped prisoners may be retaken on Sunday
§ 17-13-110 Confinement in industrial communities
§ 17-13-120 Persons shall not be removed from one prison to another without cause
§ 17-13-130 Penalty for signing warrant for illegal removal of prisoner
§ 17-13-140 Issuance, execution and return of search warrants for property connected with the commission of crime; inventory of property seized
§ 17-13-141 Records to be kept by judiciary officers authorized to issue search warrants; penalty
§ 17-13-150 Person served search warrant shall be furnished copy of warrant and supporting affidavit
§ 17-13-160 Form of arrest warrants and search warrants shall be prescribed by Attorney General
§ 17-13-170 Law enforcement authorization to determine immigration status; reasonable suspicion; procedures; data collection on motor vehicle stops

Terms Used In South Carolina Code > Title 17 > Chapter 13 - Arrest, Process, Searches and Seizures

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: means the South Carolina Department of Revenue. See South Carolina Code 12-2-10
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oath: A promise to tell the truth.
  • person: includes any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group; and

    (2) "individual" means a human being. See South Carolina Code 12-2-20
  • Personal property: All property that is not real property.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.