Magistrates may cause to be arrested (a) all affrayers, rioters, disturbers and breakers of the peace, (b) all who go armed offensively, to the terror of the people, (c) such as utter menaces or threatening speeches and (d) otherwise dangerous and disorderly persons. Persons arrested for any of such offenses shall be examined by the magistrate before whom they are brought and may be tried before him. If found guilty they may be required to find sureties of the peace and be punished within the limits prescribed in Section 22-3-560 or, when the offense is of a high and aggravated nature, they may be committed or bound over for trial before the court of general sessions.
S.C. Code Ann. § 22-5-150
Arrest of persons threatening breach of peace; trial or binding over
Applied in 2 court decisions — leading case In Re Cooper (2012)
Most recently applied in State v. Simms (June 2015)
1962 Code SECTION 43-215; 1952 Code SECTION 43-215; 1942 Code SECTION 925; 1932 Code SECTION 925; Cr
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.