Charleston, South Carolina

Carpenter v. United States, 585 U.S. __ (2018)

Riley v. California

U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

b. What if a police officer asks me for my password to my phone?

Even if there is a warrant that says they are allowed to search your phone, or if the police arrest you and take your phone, you still may be able to refuse to provide a password. Some courts have held that the contents of a person's mind is protected under the Fifth Amendment. (Doe v. US, Fifth Amendment). For example, police officers cannot force someone to tell them a combination to a wall safe, and the same premise applies for phone passwords (Doe v. US).

However, this protection might not apply to face ID or touch ID where there is a warrant or where you are arrested and your phone is seized. If the police obtain a warrant specifically authorizing compelled use of fingerprint or facial recognition access, then the police can require you to grant access to your phone.

Authority:

RILEY v. CALIFORNIA | FindLaw

U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Doe v. United States :: 487 U.S. 201 (1988):: Justia US Supreme Court Center

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

SCConstitution.pdf (scstatehouse.gov)

c. What if they tell me to give them my password or other access to my phone?

You can politely say that you are not comfortable sharing that with them and you do not consent to a search of your phone. The police can't search the information on your phone when they stop you unless they either have your permission or they have a warrant. The Fourth Amendment protects you from unreasonable searches. (Fourth Amendment, Riley v. California). In general, police officers need to have your permission or a search warrant to search your phone. (Riley v. California).

Even if there is a warrant that says they are allowed to search your phone, or if the police arrest you and take your phone, you still may be able to refuse to provide a password. Some courts have held that the contents of an individual's mind is protected under the Fifth Amendment. (Doe v. US, Fifth Amendment). For example, police officers cannot force someone to tell them a combination to a wall safe. (Doe v. US)

Authority:

RILEY v. CALIFORNIA | FindLaw

U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Doe v. United States :: 487 U.S. 201 (1988):: Justia US Supreme Court Center

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

SC Code § 17-13-140 (2023)

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

No. If you are not under arrest, the police officers must respect your privacy and property, so you do not have to give them your password. You can refuse to do so and you can tell them that you wish to remain silent. They cannot ask you to provide them with that information without a written warrant.

Authority:

Riley v. California, 573 U.S. 373 (2013).

SCConstitution.pdf (scstatehouse.gov)

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

The Fourth Amendment generally does not ban the fingerprinting or taking of a handwriting sample from a properly detained or arrested person. Fingerprinting without a lawful arrest or seizure, however, could be problematic.

In South Carolina, the Department of Juvenile Justice may fingerprint and photograph a child when filing a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. However, the fingerprint records of a child must be kept separate from the fingerprint records of adults.

Some police departments, including South Carolina, have used facial recognition software to help identify suspects; however, this is a controversial issue that raises privacy concerns and is currently the topic of several lawsuits.

If you are not under arrest or they have a warrant, the police can use technology that is generally available for public use to search you. "Generally available" depends on whether it invades on a person's reasonable expectation of privacy.

Generally, the police may not install pen registers or a trap device used to record or monitor your actions on an electronic communication device.

Authority:

Kyllo v. United States :: 533 U.S. 27 (2001):: Justia US Supreme Court Center

U.S. Constitution - Fourth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Code of Laws - Title 17 - Chapter 29 - Pen Registers And Trap And Trace Devices (scstatehouse.gov)

Code of Laws - Title 63 - Chapter 19 - Juvenile Justice Code (scstatehouse.gov)

https://www.counton2.com/news/local-news/hundreds-of-cameras-to-monitor-every-inch-of-north-charleston/

f. Can they search my backpack or other item I am carrying?

If you/your parent/guardian do not consent to a search, and the police do not have a warrant, they cannot search your backpack or another item you are carrying.

But, there are some circumstances where the police do not need a search warrant to conduct a search:

You or your guardian consents to a search
There is an emergency or risk of destruction of evidence
A search is done in connection with a lawful arrest
Probable cause to believe that your bag contains a weapon or contraband (illegal substances)

Remember that you do not have to consent to a search of your bag. If officers want to search your bag, you can tell them that you do not consent to a search.

If you are on school grounds, the school administration may be able to search you and your possessions or a locker without a warrant if they have reasonable grounds to believe it will turn up evidence that you broke the school rules or the law. The school administration must have a specific reason to believe you broke a school rule for the search to be justified. The search must also be reasonable, which considers your age, gender, gender of the staff member searching you, and the school rule or law that is believed to be broken.

Authority:

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

Safford Unified School District v. Redding, 557 U.S. 364 (2009)

New Jersey v. T.L.O., 469 U.S. 325 (1985)

https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-5.pdf

SC Code § 17-13-140 (2023)

g. Can they take my picture or record me?

South Carolina police officers are allowed to wear body cameras. If they are wearing a body camera, your interaction with them may be recorded. Recording made in a public place are open records that are available to the public upon request. Recordings made in a private place, however, can only be released to the public at the law enforcement agency's discretion.

A child charged with any offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may only be used for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child. (SC Code Section 63-19-2030)

Authority:

Quick Reference Guide to the Juvenile Justice System in South Carolina (sc.edu)

Section 63-19-2030

South Carolina General Assembly, A71, R100, S47

https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/body-worn-cameras.pdf

https://www.cga.ct.gov/2015/rpt/2015-R-0159.htm

h. Can they ask me where I am going and why?

The police can ask, but you are not obligated to give an answer. You don't have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you "where are you kids coming from tonight?", you do not have to answer. You can ask the officer if you are free to go and leave if they say yes.

If arrested, you have a right to remain silent and do not have to answer any questions. You cannot be punished for refusing to respond. To invoke your right to remain silent, you could tell the police officer that you do not want to respond to any questions, or do not want to respond to any questions without speaking to a lawyer first/having a lawyer present.

If you decide to answer questions, remember that it is a crime to lie to the police.

Authority:

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

SC Code Section 16-17-725

3. Reasons Police May Detain or Arrest You

The police may arrest or detain you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
Sometimes police have a warrant from the court, giving law enforcement the ability to search or arrest you, depending on what the warrant is for. You should make sure you understand what kind of warrant is being presented to you.
It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

No. You have the right to remain silent. You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have taken you into custody.

Authority:

Miranda v. Arizona, 384 U.S. 436 (1966)

South Carolina Bar Association- Your Rights Upon Arrest

b. What if they tell me something they are investigating that is wrong? Must I correct them?

You do not need to correct them. The police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession. You are not required to report to the police any facts that you have witnessed or heard about.

Even if you are responsible for something or have information that they want, it may not be a good idea to share it without a lawyer present. To exercise this right, tell the police you would like to speak with an attorney. You can say, for example, "I want to speak to an attorney."

Authority:

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

§ 17-13-30; § 17-13-40; § 17-13-50; § 17-13-170

c. What if an officer just begins speaking to me but does not order me to do anything?

Ask whether you are free to go. Police officers do not have the right to prevent you from leaving an encounter with them if you are not being detained for a crime. Unless the officer tells you that you have to stay, you can walk away immediately. If you are told that you have to stay, you can calmly ask why you are being detained.

You have the right to remain silent and don't have to answer any questions and the police cannot arrest you for refusing to answer. For example, if the police ask you "where are you kids coming from tonight?", you do not have to volunteer any information. You can ask the officer if you are free to go and leave if they say yes.

If the police take you into custody or detain you, they should tell you what they are doing. If they don't, it's best to just ask.

If you ask why you are being taken into custody or detained, the police cannot refuse to answer and must tell you the truth. In Charleston, when you are under arrest, you have a right to request and be informed of the grounds for your arrest (why you are being arrested). In South Carolina, it is unlawful for a police officer to refuse to answer a question related to the reason for the arrest or otherwise answer the questions untruthfully (including an untrue reason for the arrest).

Then, you can claim you right to be silent and to be advised by a lawyer.

Authority

S.C. Code Ann. § 17-13-170

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

In general, anything you say to the police before or after being arrested can be used as evidence against you in court. If, however, the officers question you while you are in custody and before informing you of your Miranda rights, any answers you provide to their questions can generally not be used in court.

If you are not under arrest, you are free to go. So, it is important to ask if you're free to leave. If yes, calmly and silently walk away.

If the police take you into custody or detain you, they clearly tell you that you are under arrest. If you are unsure whether you are under arrest, you have a right to ask and the police officers must provide the truthful answer. If you ask why you are being taken into custody or detained, the police cannot refuse to answer and must tell you the truth. The police officer taking you into custody can decide whether to release you to a parent or responsible adult or whether to continue to detain you.

While in custody, a child has the same rights as an adult as far as police interrogation and the Fifth Amendment privilege against self-incrimination. Children who are in police custody and not "free to leave" must be warned of their rights pursuant to Miranda warnings before being questioned about an alleged delinquent act. (right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires).

Authority:

S.C. Code Ann. § 17-13-170

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

4. The difference between police TELLING me what to do and asking me to do something.

The Constitution prevents you from being searched in unreasonable circumstances.
You do have to identify yourself to the police when asked.
You can refuse to consent to a search, despite what a police officer may say

a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

If the police decide to search you or your belongings (phone, person, backpack), they must have a warrant, unless these certain circumstances are met:

You or your parent/guardian consents to a search
There is an emergency or risk of destruction of evidence
A search is done in connection with a lawful arrest
Probable cause to believe that your bag contains a weapon or contraband (illegal substances)

You do not have to consent to a search of yourself or your belongings. If officers ask to search, you can tell them that you do not consent to it. If the officer suspects a weapon, he or she can pat down your clothing, and you should not resist. You do not have to consent, however, to any further searches.

If the police conduct an illegal search of you of your property (meaning the search is conducted without a warrant and no exceptions allowed the police to conduct the search without a warrant), any evidence found during the search cannot be used in court.

If you agree or consent to the search, you are authorizing the police officer to conduct the search without a warrant and without one of the above exceptions. Consent searches were held to be constitutionally valid, assuming the consent is given voluntarily, the search is conducted within the scope of the consent, and the person giving the consent is authorized to do so.

Authority:

Byrd v United States, 584 U.S. (2018).

State of South Carolina v. Eric Terrell Spears (2020)

https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-5.pdf

https://www.findlaw.com/criminal/criminal-rights/illegal-search-and-seizure-faqs.html

https://www.aclusc.org/en/know-your-rights/if-stopped-police-immigration-agents-or-fbi

SC Code of Laws, Title 17, Chapter 13

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

Regardless of how the police ask for information, you do not have to talk to the police or provide any information. South Carolina does not have a "stop and ID" law, which requires you to provide your name to a police officer if you're stopped on the street. So, you do not have to answer questions from police officers.

A person's "consensual" encounter with law enforcement (i.e., agreeing to answer questions and engage in conversation) followed by "reasonably suspicious" actions can justify a police officer to stop and frisk the person.

You can always claim your right to be silent even without being warned by the police or advised by a lawyer, and you must say something similar to, "I invoke my right to remain silent."

You are not required to report to the police any facts that you have witnessed or heard about. Even if you are responsible for something or have information that they want, it may not be a good idea to share it without a lawyer present.

Authority:

Salinas v. Texas, 133 S. Ct. 2174 (2013)

United States v. Drayton, 536 U.S. 194 (2002)

https://wisevoter.com/state-rankings/stop-and-id-states/

South Carolina Bar Association- Your Rights Upon Arrest

5. Do Police Need A Warrant To Arrest You?

No. Police officers can legally arrest you without a warrant in several circumstances:
1. When the crime is committed in front of the police officers; or
2. When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

a. If I did not do anything, can they stop me?

Yes. An officer can ask to speak with you at any time, but you are not obligated to answer any questions, including your name. You have the right to remain silent and can use it by saying you want to do so out loud.

A police officer may stop any person if they have reasonable grounds to believe that the person is or may become unlawfully involved in activities such as possessing a dangerous weapon or substance.

A police officer may also stop you to arrest you. Do not resist arrest, even if you believe the arrest is unfair. Say you wish to remain silent and ask for a lawyer immediately. Do not speak to police officers until your lawyer arrives. Do not argue, resist, obstruct the police, and keep your hands where the police can see them.

Authorities:

Miranda v. Arizona, 384 U.S. 436 (1966)

South Carolina Bar Association- Your Rights Upon Arrest

b. Can I ask for the reason they stopped me?

Yes. You can also ask if you are under arrest and if you are free to leave. You have a right to be informed of the grounds of an arrest, so it is presumed that you also have the right to ask for the reason that you have been stopped.

Police officers do not have a right to stop you from leaving an encounter with them if you are not being detained for a crime. Unless the officer tells you that you have to stay, you can walk away immediately. If you are told that you have to stay, you can calmly ask why you are being detained. It is unlawful for an officer to refuse to answer a question relative to the reason for arrest or answer the question untruthfully.

Authority:

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

c. Can I advocate for another young person stopped by police if we are stopped together?

If you believe the stop of another young person is unjustified, you are allowed to tell the officers that, but you must stay calm. Do not yell, argue, or resist. Doing so could be grounds for the officers to arrest you.

It is important to make sure that anything you say will not be deemed "resisting arrest," which is a separate crime the police officers may arrest you for. Keep in mind that if you tell others to run, this can be understood as an obstruction or resistance to the police investigation, and can be considered a crime known as "resisting arrest," which may lead to your arrest as well. This is especially true if your directions occur within the view of the officers, as the officers can arrest individuals without a warrant for offenses committed in their view.

Authority:

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

d. If I think the stop is unjustified, what can I do?

Even if you think the stop is unjustified, it is important to remain calm. Do not yell, argue, or resist. Doing so could be grounds for the officers to arrest you.

You can ask for the reason that they stopped you. You can also ask if you are under arrest and if you are free to leave. Police officers do not have a right to prevent you from leaving an encounter with them if you are not being detained for a crime. Unless the officer tells you that you have to stay, you can walk away immediately. If you are told that you have to stay, you can calmly ask why you are being detained.

Remember that you do not need to talk with the police. You don't have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. Also remember that you don't have to consent to a search of yourself or your belongings.

If you believe the stop was unjustified, you can file a complaint with the police department or internal affairs in person, via phone, via mail, online, or by email. A complaint may be made with the Charleston Police Department by following one of these procedures:

In person – Visit the Charleston Police Department at 180 Lockwood Boulevard, Charleston, SC 29403, and ask to speak with the Office of Internal Affairs.
By phone – Call the Office of Internal Affairs at (843) 720-2447.
By mail – Write a letter to the Office of Internal Affairs Division, addressed to:
Charleston Police Department
Office of Internal Affairs
180 Lockwood Boulevard
Charleston, SC 29403-5123
Online – File an online complaint at https://www.charleston-sc.gov/FormCenter/Police-3/Officer-Comment-Card-48
By email – Send an email to the Office of Internal Affairs at internalaffairs@charleston-sc.gov.

Authorities:

S.C. Code Ann. §1-13-90

S.C. Code Ann. § 16-3-1620

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

e. Can I get the officer's identifying information for a future complaint?

If you ask, the arresting officer must disclose the reason for the arrest. If you think you've been stopped for no reason, or the reason isn't justified, try to write down the officer's badge, physical appearance, patrol car numbers, which agency they are from and any other details you remember, including the date, time, and location. You should also keep track of any witnesses and any other details. With this information, you can file a complaint against the officer.

You can file a complaint with the police department or internal affairs in person, via phone, via mail, online, or by email. A complaint may be made with the Charleston Police Department by following one of these procedures:

In person – Visit the Charleston Police Department at 180 Lockwood Boulevard, Charleston, SC 29403, and ask to speak with the Office of Internal Affairs.
By phone – Call the Office of Internal Affairs at (843) 720-2447.
By mail – Write a letter to the Office of Internal Affairs Division, addressed to:
Charleston Police Department
Office of Internal Affairs
180 Lockwood Boulevard
Charleston, SC 29403-5123
Online – File an online complaint at https://www.charleston-sc.gov/FormCenter/Police-3/Officer-Comment-Card-48
By email – Send an email to the Office of Internal Affairs at internalaffairs@charleston-sc.gov.

Authorities:

S.C. Code Ann. § 17-13-170 (2013).

6. How Do You Know If You Are Under Arrest?

You are likely under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not reasonably feel free to leave.
If the following happens, you are likely under arrest under the law:
- an officer handcuffs you;
- an officer forcibly holds you down;
- an officer puts you into the back seat of a police car; or
- an officer warns you about your rights.
An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
An arrest without a Miranda Warning is still a valid arrest; it just may mean that evidence collected from it is not admissible in court later. See e.g., Miranda v. Arizona, 384 U.S. 436 (1966)

a. What if I do not know if I am under arrest?

If the police take you into custody or detain you, they clearly tell you that you are under arrest. If you are unsure whether you are under arrest, you have a right to ask and the police officers must provide the truthful answer. If you are not under arrest, ask if you are free to go. If the officer says yes, calmly and silently walk away.

It's important to know that even if you are not under arrest all you say in this situation can and will be used against you in court.

Authority:

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

https://www.aclusc.org/en/know-your-rights/if-stopped-police-immigration-agents-or-fbi

b. What is the difference between detention or arrest?

You should always ask an officer if you are being "detained or arrested."

A detention occurs when the police hold you while investigating suspicious activity. Detentions must be connected to a recent or ongoing criminal offense. For example, traffic stops or when the police walk up to you and begin asking you questions. Detentions either lead to release or arrest. If the police do not find any evidence amounting to probable cause that you committed a crime, you will be released. If, however, the police do find evidence amounting to probable cause that you committed a crime, you will likely be arrested. Suspicion alone is not a valid reason for detention.

An arrest occurs when the police deprive you of your freedom of movement. Generally, an arrest warrant is required for an arrest, but there are some circumstances that allow police to arrest someone without a warrant. These circumstances include:

When the crime is committed in front of the police officer.
When the officer has reasonable cause (reason to suspect) that you committed a felony, whether or not the act was done in front of them.
When the officer has reasonable cause that you were driving while under the influence of alcohol.

If you are under arrest, the police should give you your "Miranda Warning." This means they need to tell you your rights, including the right to remain silent and the right to a lawyer.

During both a detention or arrest, you have the right to remain silent and the right to an attorney. You do not need to answer any questions from the police. To exercise your rights, affirmatively tell the officer you are using your right to remain silent and/or that you would like to speak to an attorney. If you cannot afford an attorney, the state will provide you with one. You can say, for example, "I want to speak to an attorney."

Authorities:

Miranda v. Arizona, 384 U.S. at 444 (1966)

https://www.aclusc.org/en/know-your-rights/if-stopped-police-immigration-agents-or-fbi

South Carolina Code of Laws- Article 14

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

c. If I am handcuffed, am I arrested?

Not always. Being handcuffed does not necessarily mean you arrested. Police officers may use handcuffs when there are concerns for the officer's safety or the public's safety. You can also be handcuffed if the police are executing a warrant.

If you are uncertain, ask the police officers whether you are under arrest. If the answer is no, you are free to walk away. Do so calmly and quietly. If the answer is yes, you have the right to know what you are being arrested for.

Authorities:

Miranda v. Arizona, 384 U.S. at 444 (1966)

United States v. Leshuk, 65 F.3d 1105 (4th Cir. 1995)

South Carolina Code of Laws Section 16-3-1525

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

d. If my liberty is restricted, am I under arrest?

Not necessarily. Police officers may detain you (i.e. restrict your freedom of movement) without placing you under arrest. Police officers can even handcuff you without placing you under arrest if they are fearful for their safety, anticipate that you may flee or are executing a warrant.

If, during the course of a detention, the police do not find any evidence amounting to probable cause that you committed a crime, you will be released. If, however, the police do find evidence amounting to probable cause that you committed a crime, you will likely be arrested. If you are uncertain as to whether you are being detained or have been arrested, ask the officers whether you are free to leave or whether you are under arrest. If the answer is no, you are free to walk away. Do so calmly and quietly. If the answer is yes, you have the right to know what you are being arrested for.

Authorities:

Miranda v. Arizona, 384 U.S. at 444 (1966)

United States v. Leshuk, 65 F.3d 1105 (4th Cir. 1995)

https://www.aclusc.org/en/know-your-rights/if-stopped-police-immigration-agents-or-fbi

South Carolina Code of Laws Section 16-3-1525

Code of Laws - Title 17 - Chapter 13 - Arrest, Process, Searches And Seizures (scstatehouse.gov)

7. What To Do After Being Warned of Your Rights

You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right.
You are also able to waive your rights (that is, not use them), for example, by saying "Yes, I understand my rights but I am ready to talk to you." This is not a good idea without a lawyer present.
Make sure you know what you're doing in giving up your rights. See e.g., 5th Amendment; 6th Amendment; Miranda v. Arizona, 384 U.S. 436 (1966).

a. How do things change if I am read my rights by police?

Being "read your rights" is a requirement of police officers before asking you questions when being taken into custody.

Your Miranda Rights are:

Your right to remain silent. The first warning is a simple statement and reminder that you're not required to speak. Being arrested can be scary, and you may feel like you are required to talk to the arresting officer. This warning reminds you that you're not required to say anything at all. If you wish to use your right to remain silent, you must clearly say so. You can say, for example, "I want to remain silent."
Anything you say can be used against you in a court of law. This warning reminds you that if you speak after this warning, anything you say can be used as evidence in court.
Your right to a lawyer, even if you can't afford one. The third warning is the right to an attorney. This means that if you're being interrogated and decide that you would like to consult with an attorney, the interrogation cannot continue until there is an attorney present. If you wish to use your right to an attorney, you must clearly say so. You may request to use your right to an attorney even if questioning has already started and you have answered questions from the police. If you cannot afford an attorney, the state will provide you with one.

Miranda rights are a formal warning to inform you of the above three rights. Except in cases of DUI arrests, police officers are required to read you your Miranda rights if they take you into custody.

If the police fail to read you your rights, any statements you make may not be allowed in court. Therefore, it's important to notice whether or not the police actually read you your rights.

Anything you say before and after you are read your Miranda rights can be used against you in a court of law. After you are read your rights, you have the right to remain silent, and you do not have to stay anything at all or answer the officer's questions.

To invoke your right to remain silent, you should affirmatively state that you wish to remain silent, and then remain silent. To invoke your right to an attorney, you should affirmatively state that you wish to speak to an attorney and then remain silent.

Authorities:

Section 56-5-2953 - Incident site and breath test site video recording. 2012 South Carolina Code of Laws :: US Codes and Statutes US Law Justia

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

South Carolina Bar Association- Your Rights Upon Arrest

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

No. It does not matter where you are when the police read you your rights -- it can be on a busy street or in the back of a police car. If you are under arrest, the police must inform you of your right to remain silent, your right to counsel, and your right to be appointed counsel if you cannot afford counsel before they begin questioning you in order to use your answers in court.

You are under police custody if you do not feel free to leave the officer's presence or if a reasonable person standing in your shoes would not feel free to leave. Note that an arrest without your Miranda Warnings is still a valid arrest, but it may mean that a judge could determine later that the evidence obtained is inadmissible.

If you answer police questions after your Miranda rights have been read, this means that you have waived your Miranda rights and anything you say can be used against you in court. You are always free to later invoke your Miranda rights even if you have already begun answering questions. All you need to do is tell the officer you are using your right to remain silent and would like to speak to an attorney. As soon as you invoke your right to an attorney, the police must stop asking you questions. You can say, for example, "I want to speak to an attorney."

Authorities:

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

South Carolina Bar Association- Your Rights Upon Arrest

8. Police Questioning You

You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you. See e.g., 5th Amendment; Malloy v. Hogan, 378 U.S. 1, pg. 1 (1964)
If police have arrested you and if you are under the age of 18, police are required to immediately notify your parent, caretaker or legal guardian.

a. Am I required to make a statement?

No. You have the right to remain silent under the Fifth Amendment and based on your Miranda rights. You don't have to answer any questions and the police cannot arrest you for refusing to answer. To invoke your right to remain silent, you could tell the police officer that you do not want to respond to any questions.

Authority:

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

South Carolina Bar Association- Your Rights Upon Arrest

b. Must police notify my guardian?

With some exceptions, South Carolina law requires police to notify the parent, guardian, or custodian of an arrested minor (anyone under 18 years of age) as soon as possible. Police do not need to notify the parent, guardian, or custodian of a 17 year old accused of a class A, B, C or D felony (a felony that provides for a maximum sentence of 15 years or more).

Authority:

Ch. 19 Juvenile Justice Code, Article 7, Section 63-19-810 (A).

South Carolina Code Section 16-1-20 (2019) - Penalties for classes of felonies. 2019 South Carolina Code of Laws US Codes and Statutes US Law Justia

c. Must I confess?

No. You do not need to confess or even talk to the police. You have the right to remain silent under the Fifth Amendment and based on your Miranda rights. To invoke your right to remain silent, you could tell the police officer that you do not want to respond to any questions.

Once arrested, it is best to speak to an attorney before you talk with the police. If you cannot afford an attorney, one will be provided to you. To exercise your right to an attorney, tell the police you would like to speak to an attorney. If you have already been answering police questions while in custody, verbally asking for an attorney means the officers need to stop questioning you immediately. You can say, for example, "I want to speak to an attorney."

If you decide to answer questions, remember that it is a crime to lie to the police.

Authority:

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

SC Code Section 16-17-725

d. What adults can I ask to be with me?

You can request to have your lawyer or a parent/guardian with you.

When a child is taken into custody, the officer taking the child into custody shall notify the parent, guardian, or custodian of the child as soon as possible. Unless otherwise ordered by the court, the person taking the child into custody may release the child to a parent, a responsible adult, a responsible agent of a court-approved foster home, group home, non-secure facility, or program upon the written promise, signed by the person, to bring the child to the court at a stated time or at a time the court may direct.

Authorities:

Fifth Amendment | U.S. Constitution | US Law | LII / Legal Information Institute (cornell.edu)

South Carolina Code Section 17-3-10 (2020) - Persons entitled to counsel shall be so advised; when counsel shall be provided. 2020 South Carolina Code of Laws US Codes and Statutes US Law Justia

Code of Laws - Title 63 - Chapter 19 - Juvenile Justice Code (scstatehouse.gov)

SC Code Section 63-19-810

e. Who do police have to contact if I am a legal minor?

If you are under the age of 18, the police have to inform your parents, guardian, or custodian if they want to question you. The police have to inform your parent(s), guardian(s), or custodian(s) as soon as possible. The court may also order the police to release you into the custody of the parent, guardian, or custodian.

You do not have to make a statement, answer their questions, participate in their investigation, and you do not have to go with them unless they take you into custody.

Authorities:

SC Code Section 63-19-810

S.C. Code Section 16-19-810

Miranda v. Arizona, 384 U.S. 436 (1966)

9. How do I Contact A Lawyer and When?

You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
This applies even if you are told that police only want to question you and/or you are only a witness.
While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you can still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present. As soon as you invoke your right to an attorney, the police must stop asking you questions. See e.g., 6th Amendment; Gideon v. Wainwright, 372 U.S. 335 (1963)

a. What if I am just a witness?

Even if you are only a witness, you can claim the right to be silent even without being warned by the police or advised by a lawyer, but you must say words like, "I invoke my privilege against self-incrimination."

But, if you are just a witness, you do not have the right to a lawyer, but sometimes may be entitled to a lawyer. For example, if police are investigating and think you may have been involved, you may be in danger of being charged with a crime. Then you have a right to a lawyer while those decisions are being made. That's because if charged, you could lose your liberty. The police must also inform you that a lawyer will be appointed to represent you if you can't hire one yourself or your parents/guardian refuse to hire one.

Authorities:

Salinas v. Texas, 133 S. Ct. 2174 (2013)

United States v. Drayton, 536 U.S. 194 (2002)

South Carolina Bar Association- Your Rights Upon Arrest

10. Do Police Always Have To Tell The Truth?

No. The police may lie to you during an investigation. This includes lying about the strength of the case they have against you and evidence they have in their possession.
Sometimes police will lie to try and get you to talk more. See e.g., United States v. Russell, 411 U.S. 423 (1973).

a. Can the police lie to me?

Yes. The police can lie to you. Police may lie to you during the course of the investigation in order to strengthen their case or to try and get you to talk more. This may include lying about evidence they allegedly have in their possession. However, a police officer is not allowed to:

Refuse to answer if you ask why they have taken you into custody
Lie about why they have taken you into custody

Authorities:

Frazier v. Cupp, 394 U.S. 731 (1969)

Oregon v. Mathiason, 429 U.S 492 (1977)

State v. Nightingale, 58 A.3d 1057 (Me. 2012)

S.C. Code § 17-13-50.

b. Do I have to tell the police the truth?

Yes. In South Carolina, it is a crime to lie to the police. However, you can invoke your right to remain silent and refuse to answer any questions.

Authority:

U.S. Constitution - Fifth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress

Miranda v. Arizona :: 384 U.S. 436 (1966):: Justia US Supreme Court Center

SC Code Section 16-17-725

11. How do I make a complaint if I have questions or feel my rights have been violated?

REMEDIES:

Make sure to take notes of everything you remember about the incident, including officer's badges, patrol car numbers, the agency the officers said they were from, and any other details that may or may not be relevant. You should also get contact information from any witnesses that may have also seen the incident.

In person – Visit the Charleston Police Department at 180 Lockwood Boulevard, Charleston, SC 29403, and ask to speak with the Office of Internal Affairs.
By phone – Call the Office of Internal Affairs at (843) 720-2447.
By mail – Write a letter to the Office of Internal Affairs Division, addressed to:
Charleston Police Department
Office of Internal Affairs
180 Lockwood Boulevard
Charleston, SC 29403-5123
Online – File an online complaint at https://www.charleston-sc.gov/FormCenter/Police-3/Officer-Comment-Card-48
By email – Send an email to the Office of Internal Affairs at internalaffairs@charleston-sc.gov.

If you believe that you have been discriminated against, or that your civil rights have been violated, you may submit a complaint to the U.S. Attorney's Office.

By mail – Send a letter to:
U.S. Attorney's Office, District of South Carolina
Attn: Civil Rights Program
1441 Main Street, Suite 500
Columbia, SC 29201
By phone – Call (803) 929-3000
By fax – Send a letter to (803) 733-5966
By email – Send an email to usasc.civilrights@usdoj.gov
Online – Complete the online form at https://civilrights.justice.gov/report/

Authority:

Code of Laws - Title 1 - Chapter 13 - State Human Affairs Commission (scstatehouse.gov)

Code of Laws - Title 16 - Chapter 3 - Offenses Against The Person (scstatehouse.gov)

Code of Laws - Title 1 - Chapter 13 - State Human Affairs Commission (scstatehouse.gov)

12. What if I feel I was a victim of discrimination or racism?

REMEDIES:

If the discrimination or racism is from the police officers, you should write down the officer's name and badge number to file a complaint. You may file a complaint and/or consult with a lawyer.

In person – Visit the Charleston Police Department at 180 Lockwood Boulevard, Charleston, SC 29403, and ask to speak with the Office of Internal Affairs.
By phone – Call the Office of Internal Affairs at (843) 720-2447.
By mail – Write a letter to the Office of Internal Affairs Division, addressed to:
Charleston Police Department
Office of Internal Affairs
180 Lockwood Boulevard
Charleston, SC 29403-5123
Online – File an online complaint at https://www.charleston-sc.gov/FormCenter/Police-3/Officer-Comment-Card-48
By email – Send an email to the Office of Internal Affairs at internalaffairs@charleston-sc.gov.

If you believe that you have been discriminated against, or that your civil rights have been violated, you may also submit a complaint to the U.S. Attorney's Office.

By mail – Send a letter to:
U.S. Attorney's Office, District of South Carolina
Attn: Civil Rights Program
1441 Main Street, Suite 500Columbia, SC 29201
By phone – Call (803) 929-3000
By fax – Send a letter to (803) 733-5966
By email – Send an email to usasc.civilrights@usdoj.gov
Online – Complete the online form at https://civilrights.justice.gov/report/

Authority:

Code of Laws - Title 16 - Chapter 3 - Offenses Against The Person (scstatehouse.gov)

Code of Laws - Title 1 - Chapter 13 - State Human Affairs Commission (scstatehouse.gov)

13. How can I respond to circumstances involving discrimination?

REMEDIES:

If the discrimination or racism is from the police officers, you should write down the officer's name and badge number to file a complaint. You may file a complaint and/or consult with a lawyer.

In person – Visit the Charleston Police Department at 180 Lockwood Boulevard, Charleston, SC 29403, and ask to speak with the Office of Internal Affairs.
By phone – Call the Office of Internal Affairs at (843) 720-2447.
By mail – Write a letter to the Office of Internal Affairs Division, addressed to:
Charleston Police Department
Office of Internal Affairs
180 Lockwood Boulevard
Charleston, SC 29403-5123
Online – File an online complaint at https://www.charleston-sc.gov/FormCenter/Police-3/Officer-Comment-Card-48
By email – Send an email to the Office of Internal Affairs at internalaffairs@charleston-sc.gov.

If you believe that you have been discriminated against, or that your civil rights have been violated, you may also submit a complaint to the U.S. Attorney's Office.

By mail – Send a letter to:
U.S. Attorney's Office, District of South Carolina
Attn: Civil Rights Program
1441 Main Street, Suite 500
Columbia, SC 29201
By phone – Call (803) 929-3000
By fax – Send a letter to (803) 733-5966
By email – Send an email to usasc.civilrights@usdoj.gov
Online – Complete the online form at https://civilrights.justice.gov/report/

Authority:

Code of Laws - Title 16 - Chapter 3 - Offenses Against The Person (scstatehouse.gov)

Code of Laws - Title 1 - Chapter 13 - State Human Affairs Commission (scstatehouse.gov)

14. What can you do if the police perform an improper search? Or I was improperly detained?

REMEDIES:

If the police perform an improper search or you believe you were improperly detained, you can file a written complaint with the Charleston Police Department's Office of Internal Affairs. You may also consult with a lawyer.

In person – Visit the Charleston Police Department at 180 Lockwood Boulevard, Charleston, SC 29403, and ask to speak with the Office of Internal Affairs.
By phone – Call the Office of Internal Affairs at (843) 720-2447.
By mail – Write a letter to the Office of Internal Affairs Division, addressed to:
Charleston Police Department
Office of Internal Affairs
180 Lockwood Boulevard
Charleston, SC 29403-5123
Online – File an online complaint at https://www.charleston-sc.gov/FormCenter/Police-3/Officer-Comment-Card-48
By email – Send an email to the Office of Internal Affairs at internalaffairs@charleston-sc.gov.

If you believe that you have been discriminated against, or that your civil rights have been violated, you may also submit a complaint to the U.S. Attorney's Office.

By mail – Send a letter to:
U.S. Attorney's Office, District of South Carolina
Attn: Civil Rights Program
1441 Main Street, Suite 500
Columbia, SC 29201
By phone – Call (803) 929-3000
By fax – Send a letter to (803) 733-5966
By email – Send an email to usasc.civilrights@usdoj.gov
Online – Complete the online form at https://civilrights.justice.gov/report/

Authority:

Code of Laws - Title 16 - Chapter 3 - Offenses Against The Person (scstatehouse.gov)