Search warrants

2025-2026 Bill 4712: Search warrants - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4712
STATUS INFORMATION
General Bill
Sponsors: Rep. King
Document Path: LC-0196AHB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Search warrants
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 63
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 63
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
17-13-140
, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH
WARRANTS FOR PROPERTY CONNECTED WITH THE COMMISSION OF CRIME, AND INVENTORY OF
PROPERTY SEIZED, SO AS TO STRENGTHEN REQUIREMENTS THAT PERSONS WHO ARE SUBJECT
TO SEARCHES BY WARRANT MUST BE PROVIDED A COPY OF THE WARRANT AND INVENTORY
TAKEN, AND TO PROVIDE IF NO ARTICLES ARE SEIZED BY VIRTUE OF A WARRANT THAT THE
PRoperty MUST BE RETURNED TO ITS ORIGINAL CONDITION AND THE PRoperty SECURED.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
17-13-140
of the S.C. Code is amended to read:

S
ection
17-13-140
.
(
A)
Any magistrate or recorder or city judge having the
powers of magistrates, or any judge of any court of record of the State having
jurisdiction over the area where the property sought is located, may issue a
search warrant to search for and seize (1) stolen or embezzled property; (2)
property, the possession of which is unlawful; (3) property which is being
used or has been used in the commission of a criminal offense or is possessed
with the intent to be used as the means for committing a criminal offense or is
concealed to prevent a criminal offense from being discovered; (4) property
constituting evidence of crime or tending to show that a particular person
committed a criminal offense; (5) any narcotic drugs, barbiturates,
amphetamines or other drugs restricted to sale, possession, or use on
prescription only, which are manufactured, possessed, controlled, sold,
prescribed, administered, dispensed or compounded in violation of any of the
laws of this State or of the United States. Narcotics, barbiturates or other
drugs seized hereunder shall be disposed of as provided by
§
Section

44-53-520
.

(
B)
The property
described in this section, or any part thereof, may be seized from any place
where such property may be located, or from the person, possession or control
of any person who shall be found to have such property in his possession or
under his control.

(
C)
A warrant issued
hereunder shall be issued only upon affidavit sworn to before the magistrate,
municipal judicial officer, or judge of a court of record establishing the
grounds for the warrant. If the magistrate, municipal judge, or other judicial
officer abovementioned is satisfied that the grounds for the application exist
or that there is probable cause to believe that they exist, he shall issue a
warrant identifying the property and naming or describing the person or place
to be searched. In the case of a warrant issued by a magistrate or a judge of
a court of record, it shall be directed to any peace officer having
jurisdiction in the county where issued, including members of the South
Carolina Law Enforcement Division, and shall be returnable to the issuing
magistrate. In case of a warrant issued by a judge of a court of record, it
shall be returnable to a magistrate having jurisdiction of the area where the
property is located or the person to be searched is found. If any warrant is
issued by any municipal judicial officer to municipal police officers, the
return shall be made to the issuing municipal judicial officer. Any warrant
issued shall command the officer to whom it is directed to forthwith search the
person or place named for the property specified.
Before
such search may be executed, a copy of the warrant must be provided to the
person who is the subject of the warrant or owner of the property searched as
required pursuant to Section
17-13-150
. If such person is unavailable, posting
of the warrant in a conspicuous place on the property shall satisfy this notice
requirement.

(
D)
Any warrant issued
hereunder shall be executed and return made only within ten days after it is
dated. The officer executing the warrant shall make and deliver a signed
inventory of any articles seized by virtue of the warrant, which shall be
delivered to the judicial officer to whom the return is to be made, and
if a copy of the inventory is demanded by the person from whose
person or premises the property is taken,
a copy of the inventory shall
be delivered to
him
the person
from whose person or property the property is taken
.

(
E) If no articles are seized by
virtue of a warrant, the law enforcement agency under whose authority the
search was conducted is responsible for returning the property searched to its
original condition as reasonably as is possible. The law enforcement agency
also shall ensure that the property searched is not left vulnerable or
unsecured. Failure to secure the property resulting in subsequent damage
subjects the law enforcement agency to a civil action for damages.

(
F)
This section is not
intended to and does not either modify or limit any statute or other law
regulating search, seizure, and the issuance and execution of search warrants
in circumstances for which special provision is made.

S
ECTION 2. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:44 PM