Legal Opinion

State v. Breeze

Court of Appeals of South Carolina

Decided July 23, 2008No. 4430PublishedCited by 5 opinions

1Opinion of the Court

WILLIAMS, J.:

In this criminal case, we affirm the trial court’s determination that Elbert Breeze (Breeze) properly waived his Mi randa 1 rights. We also affirm the trial court’s decision not to charge the jury that an adverse inference could be suggested from the State’s failure to preserve the marijuana.

FACTS

Officer Michael Collier (Collier) of the South Carolina Highway Patrol was observing a driver’s license checkpoint in Greenville County, South Carolina. Collier observed Breeze approach the checkpoint, abruptly stop, and jerk his car into a driveway without using a turn signal. Collier…

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Jackson v. DennoSupreme Court of the United States · 1964
  3. Malloy v. HoganSupreme Court of the United States · 1964
  4. State v. CheeseboroSupreme Court of South Carolina · 2001
  5. State v. BurkhartSupreme Court of South Carolina · 2002

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. South Carolina Department of Revenue v. Meenaxi, Inc.Court of Appeals of South Carolina · 2016
  2. State v. HoyleCourt of Appeals of South Carolina · 2012
  3. State v. HenleyCourt of Appeals of South Carolina · 2019
  4. State v. McBrideCourt of Appeals of South Carolina · 2016
  5. State v. SledgeCourt of Appeals of South Carolina · 2019

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