State v. Boswell
391 S.C. 592
S.C.2011Background
- Boswell was convicted of first-degree burglary and sentenced to life without parole.
- Lexington County officers conducted surveillance in Calhoun County and arrested Boswell there without clear statutory authorization.
- A 1999 multi-jurisdictional agreement between Lexington and Calhoun counties was relied on to justify cross-county arrest; issue whether it was valid after 2000 amendments.
- There was no warrant and no Calhoun County officer present at the time of arrest; Boswell was detained for nude exposure and throwing items from a vehicle.
- The trial court denied suppression of Boswell's confessions; appellate review preserved the issue; court later held the arrest unlawful and the statements were inadmissible; case reversed and remanded.
- Boswell remained incarcerated since 2001; the court did not directly reach sentence issues due to ruling on the evidentiary suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Boswell's confessions were tainted by an unlawful extraterritorial arrest | Boswell | State | Unlawful arrest; confessions suppressed. |
| Whether the 1999 multi-jurisdictional agreement authorized extraterritorial arrest | Boswell | State | Agreement invalid; did not authorize arrest. |
| Whether Lexington officers could rely on private-citizen arrest or McAteer exception | Boswell | State | No valid private-citizen arrest authority; arrest unlawful. |
Key Cases Cited
- State v. McAteer, 340 S.C. 644 (2000) (limits citizen's right to arrest; only felony-based warrantless arrests allowed; daytime misdemeanor not covered)
- Commonwealth v. Novick, 438 A.2d 974 (Pa. Super. Ct. 1981) (absence of joint contracts undermines extraterritorial arrest validity)
- Wong Sun v. United States, 371 U.S. 471 (1963) (fruit of the poisonous tree doctrine)
- State v. Copeland, 321 S.C. 318 (1996) (evidence obtained from unlawful arrest may be excluded under fruit of the poisonous tree)