If any sheriff or deputy sheriff, without writ, warrant or process, shall summon anyone by arresting the person or attaching the goods to appear in any of the courts of this State, not having at that time any process to justify such summons, upon complaint thereof, on oath, such sheriff or deputy shall be liable to be punished for a contempt by either the court of common pleas or general sessions for his county. But nothing herein contained shall prevent the sheriff or his deputy from arresting any person for treason, felony or breach of the peace committed in his presence or from arresting any person for treason or felony upon probable and reasonable grounds.
S.C. Code Ann. § 23-17-90
Illegal arrest
Applied in 1 court decision — leading case State v. McAteer (1998)
Most recently applied in State v. McAteer (December 1998)
1962 Code SECTION 53-219; 1952 Code SECTION 53-219; 1942 Code SECTION 3521; 1932 Code SECTION 3521; Civ
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.