Being Arrested
S.C. Code 17-13-50 — the right to know the true ground of the arrest
The true ground. A person arrested under process, or taken into custody by an officer, has a right to know from that officer the true ground of the arrest. It is unlawful for the officer to refuse to answer a question about the reason, to answer it untruly, to give an untrue reason, or to neglect on request to show the person, or someone acting for them, the precept the arrest is made under.
An officer who violates that section commits a felony carrying a fine in the court's discretion or up to ten years, or both.
Sheriffs and deputies may arrest without a warrant anyone who, within their view, violates a criminal law of the state, if the arrest is made at the time or immediately after. Any person may arrest someone on seeing a felony committed, on certain information that a felony has been committed, or on seeing a larceny committed, and take the person to a judge or magistrate.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Arrests for domestic violence follow rules of their own, which the page on police at a house covers. Bail, the first appearance and the charges themselves are on other pages. Whether a particular arrest was lawful is a question for a licensed South Carolina attorney.
Sources for this section (6)
- S.C. Code 17-13-50 — Right to be informed of ground of arrest
- S.C. Code 17-13-30 — Officers may arrest without warrant for offenses committed in view
- S.C. Code 17-13-10 — Circumstances when any person may arrest a felon or thief
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.