State v. McAteer

FINNEY, Chief Justice:

We granted certiorari to review the en banc decision of the Court of Appeals in State v. McAteer, 333 S.C. 615, 511 S.E.2d 79 (Ct.App.1999). We reverse and remand, and hold, consistent with the opinión authored by Judge Connor, 1 that South Carolina recognizes no common law right 2 of a citizen to arrest, without a warrant, for a misdemeanor. Further, we vacate those portions of the Court of Appeals’ opinions which discuss whether Driving Under the Influence (DUI) is a breach of the peace.

The facts are undisputed. An off-duty (but still uniformed) municipal police…