State v. Counts

Rushan Counts was convicted of possession with intent to distribute marijuana, third offense. On appeal, Counts contended the circuit court judge erred in denying his motion to suppress evidence that was found at his residence after he opened his door in response to police officers knocking on the door. Counts claimed the use of the “knock and talk” investigative technique at his home violated his rights under the constitutions of the United States1 and South Carolina2 as this procedure constituted an unreasonable search and seizure and violated his state right to privacy. The Court of…