{"id":3669,"date":"2010-07-06T16:29:06","date_gmt":"2009-12-27T00:02:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-24T10:42:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3669","title":{"rendered":"SC: Looking into defendant’s garage window in looking for his vehicle after a murder was not an unreasonable search"},"content":{"rendered":"

A peak into the garage window to see if defendant\u2019s SUV was parked there in looking for the defendant shortly after a murder was not an unreasonable search. State v. Herring<\/a>, 387
\nS.C. 201, 692 S.E.2d 490 (2009):<\/p>\n

Under the circumstances presented, we find the exigencies of the situation justified Officer Linfert’s look into Herring’s garage at 2:00 a.m. It is undisputed that police had knowledge of Herring’s identity, his residence, the make and model of his vehicle, and his license tag number. Officer Linfert testified that upon arriving at the home, he saw a light on in the garage and therefore looked through the window to see if the suspect was inside. Police officers were looking for a suspected murderer whom they knew was likely to be armed with a deadly weapon.<\/p>\n

We find it was objectively reasonable for Officer Linfert to take precautions to protect his own safety, and the safety of the officers around him, by looking into the garage to see if the suspect was there. When nobody was in the garage, police followed proper procedure by knocking on the door and ringing the doorbell. Receiving no answer, they stationed men at the house and went to obtain a warrant. Given the exigent circumstances then and there presenting, we find Officer Linfert’s minimal intrusion was objectively reasonable and did not constitute a Fourth Amendment violation. Cf. Chimel v. California.<\/p>\n

Moreover, Officer Linfert’s peek into the garage yielded no evidence against Herring. Police already had knowledge of the make, model and license plate number of the vehicle the suspect drove; they knew the automobile was registered to Herring, and they knew his residential address was 406 Alexander Circle. Officer Linfert’s observation of the vehicle in the garage yielded no evidence which further inculpated Herring. We find the trial court erred in holding this initial “search” violated Herring’s Fourth Amendment rights; the de minimis intrusion to secure the officers’ safety did not necessitate suppression.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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