State v. Rivera
Court of Appeals of South Carolina
1DissentPieper, J.
I respectfully dissent. The learned trial judge was very thorough in his analysis and I believe all facets of the law were considered. I also recognize the analysis of the majority presents a close question. However, unlike the majority, I would find that the question of whether the purpose of the stop has been completed is a mixed question of law and fact. The moment at which a traffic stop concludes is often a difficult legal question. State v. Williams, 351 S.C. 591, 600-01, 571 S.E.2d 703, 708-09 (Ct.App.2002). Since the officer had not yet completed and issued the warning ticket and had…
2Cases cited3 opinions
- United States v. BranchCourt of Appeals for the Fourth Circuit · 2008
- State v. WilliamsCourt of Appeals of South Carolina · 2002
- State v. TindallCourt of Appeals of South Carolina · 2008