SC Senate Passes Warrantless Searches Of Parolees And Probationers

For the second time this session, the State Senate has passed monumental legislation cracking down on crime in South Carolina.  On the heels of passing the Teacher Protection Act of 2009, Senate President Pro Tempore Glenn McConnell has pushed S.191, Warrantless Searches of Parolees and Probationers, through the State Senate. The bill passed the Senate on second reading Tuesday on a unanimous roll call vote of 31-0. It passed the Senate today on third reading and now heads to the State House of Representatives.

In passing the plan out of the Senate, Senator McConnell said “for the second time this year the State Senate has proven its commitment to keeping South Carolina safe. As the economic crisis deepens and crime rates naturally rise, we will do everything in our power to crack down on violent crime in our state.”

Senator McConnell’s Warrantless Searches plan would apply to persons on probation or parole, including both adult and juvenile offenders, and would allow warrantless searches and seizures by law enforcement officers and probation officers accompanied by law enforcement officers

Other Plan Details:

For parolees—warrantless search and seizure allowed without cause for person, vehicle, and possessions; for residences, based on reasonable suspicions

For probationers- warrantless search and seizure based on reasonable suspicions.

Parolees and probationers must notify in writing the owner of his or her residence that it is subject to warrantless search

Requires law enforcement officers conducting warrantless searches to report these (including name, address, age, gender, and race or ethnicity) to their law enforcement agency. Law Enforcement Agency then reports to PPP for review of abuse.

Requires the SC Department of Probation, Pardon, and Parole Services to review reports for evidence of abuse and to report findings of abuse to SLED for investigation.