South-Carolina

South Carolina Supreme Court drops the ball on asset forfeiture reform

Published

2 years ago

September 22, 2022

South Carolina Supreme Court drops the ball on asset forfeiture reform

Sept 22 – The South Carolina Supreme Courtroom declined to make important adjustments to policing final week, when it overruled a decrease courtroom’s resolution that the state asset forfeiture legislation is unconstitutional and punted the matter of reform to the legislature.

Asset forfeiture legal guidelines enable police to grab cash, property and houses with out ever charging the house owners with against the law. The purpose, a minimum of theoretically, is to grab the devices of felony exercise as a deterrent and punishment. They exist in nearly each state, regardless of criticism from throughout the political spectrum, together with by “tough-on-crime” conservatives who say it is unfair for the federal government to levy punishment earlier than even submitting felony costs and with out due course of.

South Carolina’s legislation permits police and prosecutors to maintain 95% of forfeiture proceeds, with solely negligible reporting necessities, in line with the Sept. 14 opinion by Justice George James. The remaining 5% goes to the state basic fund.

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The statute additionally flips the same old courtroom burden on its head. Regulation enforcement doesn’t need to show the cash or property is actually linked to against the law, whereas house owners need to show that it was acquired innocently. Residents are nominally entitled to a listening to, however the legislation solely requires prosecutors to start that course of inside a “cheap” however undefined timeframe.

Travis Lee Inexperienced challenged the legislation in 2017 after a police process power discovered medication and seized $20,771 throughout a search of his Myrtle Seaside residence. Inexperienced has since been sentenced to jail for drug dealing.

In August 2019, Fifteenth Judicial Circuit courtroom choose Steven John dominated that the statute violates the state and federal structure’s due course of and extreme fines provisions. The forfeiture scheme is unconstitutional as a result of it has a built-in revenue incentive, doesn’t present enough judicial overview, and requires the accused to show their innocence, John held.

That ruling comports with rising bipartisan recognition that civil forfeiture doesn’t present constitutionally enough course of, fueled by a long time of scandalous headlines about legislation enforcement enriching their very own departments and officers by unjustly concentrating on susceptible, typically harmless folks.

Certainly, the “abuses of civil asset forfeiture are well-known, well-documented, and well-ridiculed,” lawyer Stephen Moss wrote in a 2019 legislation overview article.

A 2020 ballot by YouGov and the Institute for Justice discovered that 59% of Individuals opposed permitting police to make use of forfeited property themselves. One other 2016 survey by the Cato Institute discovered that 84% opposed seizures earlier than somebody is convicted of against the law.

Conservative U.S. Supreme Courtroom justice Neil Gorsuch criticized asset forfeiture as an “extravagant punishment” in a 2018 resolution. Justice Clarence Thomas stated outright in a 2017 case that fashionable civil forfeiture schemes are doubtless unconstitutional. And, the Supreme Courtroom determined in 2019 that constitutional limitations on extreme fines apply to state forfeiture legal guidelines.

That ruling prompted the Fifteenth Circuit to droop forfeitures till the legislature “can deal with and implement” the Supreme Courtroom’s holding, John wrote in a February 2019 order, months earlier than his closing ruling in Inexperienced’s case.

A legislative process power advised reforms, however a invoice that originally bought widespread assist in the end failed, the Greenville Publish and Courier reported on September 14.

The identical story is taking part in out on the nationwide stage.

There may be a lot bipartisan settlement on the necessity for forfeiture reform, even in our deeply divided Congress (Nationwide Democratic and Republican platforms in 2016 each endorsed forfeiture reform, for instance.). Nonetheless, a number of current proposals have failed, apparently due to opposition from nationwide legislation enforcement teams.

That stated, a minimum of 37 states and the District of Columbia have enacted forfeiture reforms since 2014, and sixteen now ban forfeiture earlier than a felony conviction, in line with the Institute for Justice. Nancy Mace, a Republican U.S. Home member from South Carolina, additionally raised issues about forfeiture abuses this previous Might.

Nonetheless, the state Supreme Courtroom determined 4-1 to revive the forfeiture scheme, saying that it’s the legislature’s position to reform or abolish the legislation.

The truth, in fact, is that courts routinely modify – even nullify — unconstitutional legal guidelines. The South Carolina Supreme Courtroom’s ruling abdicates its accountability to function a verify on the legislature by guaranteeing its enactments move constitutional muster.

The courtroom didn’t reply to requests for remark. Jimmy Richardson, the Fifteenth Judicial Circuit prosecutor whose workplaces defended the legislation, additionally didn’t reply to my questions.

Like many different states, forfeiture reform turned a problem in South Carolina after information investigations revealed rampant and egregious abuses.

The newest, in 2019, was the first-ever complete forfeiture investigation for a whole state, consultants instructed the Greenville Information in January that 12 months. The newspaper reviewed all civil asset forfeiture circumstances from 2014-2016 and contacted each concerned legislation enforcement company.

Police seized greater than $17 million through the three-year interval, and greater than half of seizures have been for lower than $1,000, the Greenville Information reported in February 2019.

There have been no arrests in 19% % of circumstances. One among each 5 folks focused was by no means convicted, and most of the people merely gave up their proper to contest the forfeiture.

The asset forfeitures additionally have been deeply biased. Black males signify 13% of South Carolina’s inhabitants, but 65% of these focused for forfeiture, the Greenville Information discovered. And, white folks have been twice as prone to get their a refund than Black people.

The excessive courtroom merely discounted this proof, and extra.

The courtroom stated it couldn’t conclude that forfeiture revenues went to a particular fund – although that info seems to be a matter of public file.

It additionally stated it couldn’t conclude that funds have been used for objects that police departments in any other case could not afford, nor that sure applications have been depending on forfeiture cash, nor that officers managed funds with little oversight.

However South Carolina police chiefs have overtly stated in any other case. One sheriff mentioned with the Greenville Information in February 2019 how he seized a $50,000 automotive, transformed it into his work automobile, then used forfeiture cash to repay a $20,000 mortgage on the automotive. Different businesses reported seizing iPads for deputies to make use of.

The manager director of the South Carolina Sheriffs’ Affiliation stated that officers in all probability wouldn’t pursue criminals – or residents’ money and valuables – as vigorously in the event that they don’t get to maintain forfeiture cash, in line with one other Greenville Information report that month.

One other police chief “stated dropping these earnings might shut down his company’s Ok-9 unit fully,” the Greenville Information reported in January 2019.

At greatest, the excessive courtroom blew a straightforward name. At worst, the justices scored an own-goal towards the susceptible South Carolinians who will proceed to be focused beneath the mindless legal guidelines.

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Hassan Kanu

Thomson Reuters

Hassan Kanu writes about entry to justice, race, and equality beneath legislation. Kanu, who was born in Sierra Leone and grew up in Silver Spring, Maryland, labored in public curiosity legislation after graduating from Duke College Faculty of Regulation. After that, he spent 5 years reporting on principally employment legislation. He lives in Washington, D.C. Attain Kanu at hassan.kanu@thomsonreuters.com

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South-Carolina

Man, officer injured in N. Charleston officer-involved shooting, police confirm

Published

2 hours ago

June 29, 2024

Press Room

Man, officer injured in N. Charleston officer-involved shooting, police confirm

NORTH CHARLESTON, S.C. (WCSC) – The South Carolina Law Enforcement Division is investigating a Friday night officer-involved shooting in North Charleston that sent a man and a police officer to an area hospital.

SLED spokesperson Renée Wunderlich confirmed her agency was on the scene investigating the situation.

North Charleston Police say the situation unfolded at approximately 8:05 p.m. when an officer responded to the 5000 block of Braddock Avenue where a suspicious person acting “in an erratic manner and making incoherent statements” had been reported. The officer found the man as he was attempting to enter a home on Alpha Street, police spokesman Harve Jacobs said.

The officer attempted to detain the man, who became more combative and during a struggle, the man managed to break free and force himself into the home, Jacobs said.

The homeowner confronted the man and Jacobs said shots were fired by both the homeowner and the police officer.

Both the officer and the man were taken to area hospitals for treatment.

Police say the man who broke into the home was injured in the shooting and that the North Charleston Police officer suffered injuries in the fight.

Investigators with the South Carolina Law Enforcement Division are investigating an officer-involved shooting Friday night in North Charleston.(Live 5)

Police have not yet released the name of the man the officer was trying to detain or any charges he may face.

The South Carolina Law Enforcement Division was notified and assumed the investigation as per standard protocol when a police officer fires a weapon.

The investigation into the incident is ongoing.

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South-Carolina

How Will South Carolina Rebound After Landon Duckworth Decommitment

Published

9 hours ago

June 28, 2024

Press Room

How Will South Carolina Rebound After Landon Duckworth Decommitment

Unfortunate news came across the World Wide Web Tuesday night when ’26 quarterback Landon Duckworth decided to re-enter the recruiting scene.

In his tweet, which received 74k impressions and counting, Duckworth released a statement regarding the breaking news:

Nothing but Love for @Dowell_Loggains @CoachSBeamer @Rileyw_19 & the Gamecocks Staff & #GamecockNation for believing in me! #ToughDecision https://t.co/SgOVKPVlPd
— Landon “DUCK🦆” Duckworth (@LandonDuckworth) June 26, 2024

“Nothing but love for Dowell Loggains, Coach Beamer, Riley Watkins, the Gamecocks staff, and Gamecock Nation for believing in me!” This definitely hurts if you’re a Gamecock faithful; however, fans, this is just the new nature of the beast in recruiting. The days of seeing underclassmen stick with one team are few and far between. Welcome the days where most want to enjoy the recruitment process for at least three years before a concrete decision is made. For all we know, the Jackson, Alabama native may end up finding his way back to Columbia for a couple of OVs before signing his letter of intent. One thing’s for certain: Coach Beamer and the Gamecock coaching staff take building relationships seriously. They’re always on the go, visiting with priority and local recruits.

However, what’s the next move?

As the 2027 recruiting class begins to take shape, the Gamecocks have extended offers to three elite ’27 quarterbacks: dual-threat William Jackson, Champ Smith, and Trent Seaborn.

In the constantly ever-changing world of recruitment, William Jackson, an Orlando, Florida native, may be the most complete prospect of the quarterbacks as well as the tallest of the trio at 6-foot-4. He’s a dual-threat quarterback who has a skill for putting touch on the football. The right-hander plays with tremendous balance in the pocket, allowing him to move nimbly and drive the ball downfield. According to Prep Redzone, the unranked quarterback is said to be the real deal.

#AGTG I am extremely blessed and honored to have received a OFFER from SOUTH CAROLINA 🦃 #BTruQBTraining @Dowell_Loggains @baylintrujillo @JeffConawayTFA #BTruQBTraining pic.twitter.com/Sb12qADlZa
— William Jackson (@WillJacksonQB3) June 11, 2024

It’s been an active off-season for the central Florida native. In between workouts and spring and summer football obligations, he’s been present at this year’s UA Camp and Elite Camps. Jackson was offered by South Carolina on the 11th of June. He currently holds 21 offers.

Champ Smith, a Florida native, is another young quarterback getting reps early. He saw varsity reps in his eighth grade year, completing 59 percent of his passes for 1,273 yards with 18 TDs and 2 INTs. As a freshman (2024), he led Jupiter Christian to a 6-3 record in Florida’s independent Sunshine State division, throwing for 1,972 yards with 20 TDs and 7 INTs. Making the decision to up and move, Smith will be relocating to the 305 district, preparing to wear blue and red for Christopher Columbus. Brian Griese is the only alumni in Columbus high school history to earn an NFL roster spot. Standing at 6-foot-1, Smith has been ranked as the 11th best pro-style quarterback in ’27, per QB Hitlist; therefore, it’s no surprise to see he has multiple Power 5 offers, including South Carolina, who pulled the trigger on the first of June.

After a great camp and conversation with @Dowell_Loggains and @Rileyw_19 I am blessed to receive an offer to The University of South Carolina! Blessings from the Man upstairs!! Luke 12:48 #AGTG #Gamecocks | #ForeverToThee @CoachSBeamer @ToddHaynie @TheBigSpur247… pic.twitter.com/ybhtyNKcOC
— Champ Smith (@champsmithqb) June 1, 2024

Trent Seaborn may be the most intriguing quarterback prospect of the three. It was reported in The State that Seaborn is a Hawaii native and moved to Alabaster, AL at the Tagovailoa’s recommendation. Last year with Thompson, Seaborn led the Trojans to the 7A championship where they lost to the Central Phoenix; however, he still won the 7A championship player of the game and Maxpreps National Player of The Year Award. As a freshman, he passed for 2,601 yards, 27 TDs, and 6 INTs. Seaborn was the first to receive a South Carolina offer (May 22).

Trent Seaborn of Thompson (Ala.) named 2023 MaxPreps National Freshman of the Year.🔥
Ninth grader threw for over 2,500 yards and 27 touchdowns while leading team to state title game. 🏈
FULL STORY ⬇️https://t.co/gMEUmfeH7K pic.twitter.com/fbX8vKDiMv
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— MaxPreps (@MaxPreps) January 10, 2024

Ultimately, we won’t know the magnitude of Duckworth’s recent decommit until likely signing day. As we saw last year with Jalewis Solomon, if Coach Beamer and co. truly believe in a prospect and the relationship is there (which it definitely is), it’s very possible to un-flip the player.

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South-Carolina

Highest-rated seafood restaurants in Charleston, South Carolina by diners

Published

16 hours ago

June 28, 2024

Press Room

Highest-rated seafood restaurants in Charleston, South Carolina by diners

Whether you’ve waited in line for soft-shell crabs in the Chesapeake Bay or savored sushi in New York City, you know there’s something special about finding the right spot to enjoy seafood. From ceviche to grilled salmon and towers of shellfish, the top-rated seafood restaurants in the United States serve up mouthwatering dishes across diverse cuisines like Japanese, Latin American, and Mediterranean to suit every palate.

Of course, certain areas of the country are known for particular delicacies. California’s proximity to the Pacific Ocean, for example, makes it one of the best states for seafood. The Los Angeles area serves up everything from caviar to Santa Barbara spot prawns while San Francisco is a mecca for fish tacos, ceviche, and sushi. Further north, Seattle is legendary for its shellfish, showcased at the famed fish counter at Pike Place Market.

While Chicago may be best known as a pizza capital, many flock to the city for its king crab dishes; a bit further south and east, you have Miami and its sought-after stone crab season. Southern locales like New Orleans boast fresh crawfish from the Gulf of Mexico and the two noncontiguous states have their own signature offerings, too: Alaska is known for its pollock and salmon, while Hawai’i is known for its poke.

Dining at a seafood restaurant can be one of the most memorable parts of your trip to a new city or offer comfort food in your own hometown. To celebrate the best options near you, Stacker used insights from Yelp to compile a list of the highest-rated seafood restaurants in Charleston.

Businesses were selected using Yelp’s ranking system, which calculates an adjusted rating value that takes into account the number of ratings as well as the rating score itself. Only restaurants with at least 10 reviews were considered. In an effort to highlight independent restaurants and local chains, those with more than five locations nationally, based on the Yelp data, were not included. Data is as of June 14, 2024.

Keep reading to discover your highest-rated local seafood restaurants for your next special meal out!

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#30. Fleet Landing Restaurant

– Rating: 4.2/5 (3266 reviews)
– Price level: $$
– Address: 186 Concord St. Charleston, South Carolina
– Categories: seafood, american, southern
– Read more on Yelp

#29. Danny’s Philly Steaks

– Rating: 4.2/5 (30 reviews)
– Address: 320 East Bay St. Ste B Charleston, South Carolina
– Categories: seafood, steakhouses, american
– Read more on Yelp

#28. & Lobster

– Rating: 4.2/5 (10 reviews)
– Address: Charleston, South Carolina
– Categories: food trucks, seafood
– Read more on Yelp

#27. Oak Steakhouse

– Rating: 4.2/5 (443 reviews)
– Price level: $$$
– Address: 17 Broad St. Charleston, South Carolina
– Categories: steakhouses, new american, seafood
– Read more on Yelp

#26. The Palmetto Cafe

– Rating: 4.2/5 (131 reviews)
– Price level: $$$
– Address: 205 Meeting St. Charleston, South Carolina
– Categories: new american, seafood
– Read more on Yelp

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#25. Locklear’s on Little Oak

– Rating: 4.2/5 (103 reviews)
– Price level: $$
– Address: 2293 Folly Road Charleston, South Carolina
– Categories: seafood
– Read more on Yelp

#24. Amen Street Fish & Raw Bar

– Rating: 4.2/5 (1365 reviews)
– Price level: $$
– Address: 205 East Bay St. Charleston, South Carolina
– Categories: seafood, bars
– Read more on Yelp

#23. Rappahannock Oyster Bar – Charleston

– Rating: 4.2/5 (333 reviews)
– Price level: $$
– Address: 701 East Bay St. Ste 110 Charleston, South Carolina
– Categories: seafood, bars, live/raw food
– Read more on Yelp

#22. High Cotton

– Rating: 4.3/5 (1165 reviews)
– Price level: $$$
– Address: 199 East Bay St. Charleston, South Carolina
– Categories: cocktail bars, seafood, wine bars
– Read more on Yelp

#21. Revival

– Rating: 4.3/5 (246 reviews)
– Price level: $$$
– Address: 162 East Bay St. Charleston, South Carolina
– Categories: southern, new american, seafood
– Read more on Yelp

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#20. Tempest Charleston

– Rating: 4.3/5 (323 reviews)
– Price level: $$$
– Address: 32 North Market St. Ste C Charleston, South Carolina
– Categories: seafood
– Read more on Yelp

#19. The Mason Jar By Fatboys

– Rating: 4.3/5 (350 reviews)
– Price level: $$
– Address: 2487 Ashley River Road Ste 4 Charleston, South Carolina
– Categories: seafood, comfort food, soul food
– Read more on Yelp

#18. Pearlz Oyster Bar

– Rating: 4.3/5 (402 reviews)
– Price level: $$
– Address: 9 Magnolia Road Charleston, South Carolina
– Categories: seafood, bars
– Read more on Yelp

#17. Anson

– Rating: 4.3/5 (437 reviews)
– Price level: $$$
– Address: 12 Anson St. Charleston, South Carolina
– Categories: seafood, southern, american
– Read more on Yelp

#16. The Ordinary

– Rating: 4.3/5 (783 reviews)
– Price level: $$$
– Address: 544 King St. Charleston, South Carolina
– Categories: seafood, desserts, coffee & tea
– Read more on Yelp

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#15. The Immortal Lobster

– Rating: 4.3/5 (65 reviews)
– Price level: $$
– Address: Charleston, South Carolina
– Categories: food trucks, seafood
– Read more on Yelp

#14. The Darling

– Rating: 4.4/5 (1424 reviews)
– Price level: $$
– Address: 513 King St. Charleston, South Carolina
– Categories: seafood, cocktail bars, live/raw food
– Read more on Yelp

#13. Pearlz

– Rating: 4.4/5 (1386 reviews)
– Price level: $$
– Address: 153 East Bay St. Charleston, South Carolina
– Categories: seafood, bars, live/raw food
– Read more on Yelp

#12. Co Hog

– Rating: 4.4/5 (13 reviews)
– Address: Charleston, SC
– Categories: seafood, food trucks
– Read more on Yelp

#11. Raw Lab By Empire Oyster

– Rating: 4.4/5 (31 reviews)
– Address: 99 South Market St. Port of Call Food Hall Charleston, South Carolina
– Categories: live/raw food, seafood, wine bars
– Read more on Yelp

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#10. The Establishment

– Rating: 4.5/5 (205 reviews)
– Price level: $$$
– Address: 28 Broad St. Charleston, South Carolina
– Categories: seafood, new american, cocktail bars
– Read more on Yelp

#9. Delaney Oyster House

– Rating: 4.5/5 (206 reviews)
– Price level: $$$
– Address: 115 Calhoun St. Charleston, South Carolina
– Categories: seafood, beer bar, cocktail bars
– Read more on Yelp

#8. Dave’s Carry-Out

– Rating: 4.6/5 (214 reviews)
– Price level: $
– Address: 42 Morris St. Ste C Charleston, South Carolina
– Categories: seafood, soul food
– Read more on Yelp

#7. CudaCo

– Rating: 4.6/5 (85 reviews)
– Address: 765 Folly Road Charleston, South Carolina
– Categories: seafood markets, seafood
– Read more on Yelp

#6. Edison James Island

– Rating: 4.6/5 (276 reviews)
– Price level: $$$
– Address: 1014 Fort Johnson Road Charleston, South Carolina
– Categories: seafood, new American, wine bars
– Read more on Yelp

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#5. Florence’s Lowcountry Kitchen

– Rating: 4.7/5 (26 reviews)
– Address: 1271 Folly Road Charleston, South Carolina
– Categories: seafood, southern, cocktail bars
– Read more on Yelp

#4. Chubby Fish

– Rating: 4.7/5 (317 reviews)
– Address: 252 Coming St. Ste A Charleston, South Carolina
– Categories: seafood, tapas/small plates
– Read more on Yelp

#3. 167 Raw Oyster Bar – Charleston

– Rating: 4.7/5 (2987 reviews)
– Price level: $$$
– Address: 193 King St. Charleston, South Carolina
– Categories: seafood
– Read more on Yelp

#2. Halls Chophouse

– Rating: 4.7/5 (2899 reviews)
– Price level: $$$$
– Address: 434 King St. Charleston, South Carolina
– Categories: steakhouses, seafood, bars
– Read more on Yelp

#1. Maine Line Seafood

– Rating: 4.8/5 (33 reviews)
– Address: Charleston, South Carolina
– Categories: food stands, seafood, american
– Read more on Yelp

This story features data reporting by Karim Noorani, writing by Zeynep Guler Tuck, and is part of a series utilizing data automation across 282 metros.

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