Narciso v. State
397 S.C. 24
S.C.2012Background
- Narciso was convicted of trafficking cocaine after a K-9 search of his car during a traffic stop.
- The stop occurred because license plates were expired and suspended, leading to Narciso's arrest for operating without a license.
- Powder cocaine was seized from the vehicle following the search incident to arrest.
- Narciso challenged the stop/search as a Fourth Amendment violation; the circuit court denied the motion to suppress.
- Petitioner later sought belated direct appeal under White v. State and waived other PCR claims via a consent order; the State agreed to the belated appeal and waiver, respectively.
- The Supreme Court affirmed the denial of suppression but remanded to determine whether the waiver of other PCR claims was knowing and voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop/search violated the Fourth Amendment. | Narciso argues no reasonable suspicion and an unreasonable seizure. | State contends search incident to arrest was valid under binding precedent. | Fourth Amendment violation, but suppression is unavailable per Davis/Gant. |
| Whether Narciso's waiver of PCR claims other than the belated direct appeal was knowingly and voluntarily entered. | Waiver entered without clear court inquiry in language understood by Narciso. | Consent order and colloquy support a valid waiver. | Remand to determine voluntariness of waiver. |
Key Cases Cited
- New York v. Belton, 453 U.S. 454 (U.S. 1981) (established search-incident-to-arrest framework for vehicle passenger compartments)
- Arizona v. Gant, 556 U.S. 332 (U.S. 2009) (limits Belton; searches incident to arrest require proximity or reasonable belief evidence in vehicle)
- Davis v. United States, 131 S. Ct. 2419 (U.S. 2011) (exclusionary rule not triggered when police reasonably rely on binding precedent)
- Spoone v. State, 379 S.C. 138 (S.C. 2008) (upholds waivers of appellate/PCR rights when knowingly and intelligently made)
- White v. State, 263 S.C. 110 (S.C. 1974) (belated appeal waiver context; informs waiver scrutiny)
- Griffith v. Kentucky, 479 U.S. 314 (U.S. 1987) (retroactivity of new rules on direct review)
- Terry v. State, 394 S.C. 62 (S.C. 2011) (standards for PCR review—any probative evidence standard)
- State v. Tindall, 388 S.C. 518 (S.C. 2010) (standard of review for suppression rulings)