There is a newer version of the South Carolina Code of Laws
2012 South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 15 - OFFENSES AGAINST MORALITY AND DECENCY
Section 16-15-435 - Circuit solicitor to request search and arrest warrants for violations of Sections 16-15-305 through 16-15-325; hearing on obscenity issue.
SC Code § 16-15-435 (2012) What's This?
(A) A search warrant or arrest warrant for a violation of Sections 16-15-305, 16-15-315, or 16-15-325 may be issued only upon request of a circuit solicitor.
(B) Following seizure of allegedly obscene property pursuant to a warrant requested by a solicitor, and issued by a neutral and detached magistrate based on supporting affidavits, any interested party may request and the court having appropriate jurisdiction must promptly conduct an adversarial hearing for the purpose of obtaining a judicial determination, based on a preponderance of the evidence, of the obscenity issue.
HISTORY: 1987 Act No. 168 Section 3.
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