South Carolina v. Alexander

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A municipal police officer responded to a 911 call received through his dispatch center regarding a report of a disabled vehicle. After arriving on the scene, the officer found the vehicle slightly off the roadway in a ditch. While the road was in the city limits, the officer learned the shoulder area of the roadway was beyond the city boundary. While checking that the driver, Respondent Jennifer Alexander, was not in immediate distress, the officer confirmed with dispatch that the disabled vehicle had come to rest a few feet outside of the city limits. Dispatch was informed of the need for a state trooper, as the officer suspected Respondent was intoxicated. The officer remained on the scene, and although Respondent was not handcuffed or otherwise restrained, it is acknowledged that Respondent was not free to leave the scene, as she was detained by the officer. The state trooper arrived quickly and conducted field sobriety tests on Respondent. Respondent was charged by the state trooper with Driving Under the Influence (DUI). The magistrate court granted Respondent's motion to dismiss the case, finding the officer lacked authority to detain Respondent because the vehicle came to rest outside the municipality's limits. On appeal, the State argued the municipal officer had the authority to detain Respondent pursuant to section 17-13-45 because it extended an officer's authority when he is responding "to a distress call or a request for assistance in an adjacent jurisdiction." The South Carolina Supreme Court granted certiorari to review the court of appeals' decision, which held the statute did not apply to this case. The Court concluded section 17- 13-45 provided the officer with authority to detain Respondent, and therefore reversed the appellate court and remanded this case for further proceedings. View "South Carolina v. Alexander" on Justia Law