State v. Franks

Gregory, Justice:

Appellant Stanley L. Franks appeals from an order revoking his probation sentence. We affirm.

The question is whether the Fourth Amendment’s requirement that a neutral, detached magistrate issue an arrest warrant renders the arrest warrant in this case, issued by a probation officer pursuant to Section 24-21-450, Code of Laws of South Carolina (1976), invalid.

On February 26, 1979 appellant was sentenced to five years imprisonment for attempted housebreaking with intent to commit a crime. The five-year term was suspended upon the service of one year in prison and four years…