Public-domain · open source

S.C. Code Ann. § 17-13-50

Right to be informed of ground of arrest; consequences of refusal to answer or false answer

Applied in 2 court decisions — leading case State v. Tyndall (1999)

Most recently applied in State v. Tyndall (May 1999)

1962 Code SECTION 17-255; 1952 Code SECTION 17-255; 1942 Code SECTION 993; 1932 Code SECTION 993; Cr

(A) A person arrested by virtue of process or taken into custody by an officer in this State has a right to know from the officer who arrests or claims to detain him the true ground on which the arrest is made. It is unlawful for an officer to:

(1) refuse to answer a question relative to the reason for the arrest;

(2) answer the question untruly;

(3) assign to the person arrested an untrue reason for the arrest; or

(4) neglect on request to exhibit to the person arrested or any other person acting in his behalf the precept by virtue of which the arrest is made.

(B) An officer who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.