South Carolina § 23-17-90 Illegal arrest.

South Carolina Statutes

§ 23-17-90 — Illegal arrest.

South Carolina § 23-17-90

Title 23LAW ENFORCEMENT AND PUBLIC SAFETY

Ch. 17LIABILITIES OF SHERIFFS AND DEPUTY SHERIFFS

This text of South Carolina § 23-17-90 (Illegal arrest.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 23-17-90 (2026).

Text

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.

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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.

Legislative History

HISTORY: 1962 Code SECTION 53-219; 1952 Code SECTION 53-219; 1942 Code SECTION 3521; 1932 Code SECTION 3521; Civ. C. '22 SECTION 2064; Civ. C. '12 SECTION 1171; Civ. C. '02 SECTION 846; G. S. 661; R. S. 726; 1839 (11) 41.