737 S.E.2d 480
S.C.2013Background
- Appellant Pleicones was convicted of trafficking in crack cocaine over 400 grams and possession with intent to distribute near a school, with concurrent 25-year and 10-year sentences.
- He appealed challenging a search warrant as fatally defective and an allegedly improper jury instruction.
- The court held the warrant issue lacked merit, but the jury instruction issue was improper.
- Nonetheless, the court affirmed the convictions because appellant was not prejudiced by the erroneous charge.
- The warrant description relied on an attached affidavit; the warrant referred to it and service allegedly occurred together, supporting reading the two documents together.
- The challenged jury instruction overstated the evidentiary weight of actual knowledge, but the court found no prejudice given overwhelming evidence of guilt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the warrant fatally defective for lack of place description? | Pleicones contends the warrant failed to describe the premises. | State argues the description is supplied by the accompanying affidavit read together with the warrant. | Warrant valid when read with the affidavit. |
| Was the jury instruction improper by equating actual knowledge with strong evidence of intent? | Pleicones argues the charge improperly weighs the evidence and negates mere presence. | State relies on Kimbrell and Solomon to justify the charge. | Charge improper; Solomon overruled, but no prejudice established; convictions affirmed. |
Key Cases Cited
- State v. Ellis, 263 S.C. 12 (1974) (warrant and affidavit may be read together for particularity)
- Groh v. Ramirez, 540 U.S. 551 (2004) (face of warrant must describe place; incorporation from accompanying documents allowed)
- U.S. v. Hurwitz, 459 F.3d 463 (4th Cir. 2006) (Fourth Circuit permits reading warrant with accompanying affidavits)
- State v. Adams, 291 S.C. 132 (1987) (to what extent incorporation affects particularity)
- State v. Williams, 297 S.C. 404 (1989) (particularity and incorporation considerations)
- Kimbrell, 294 S.C. 51 (1987) (possession requires power and intent to control; actual knowledge as evidence)
- Solomon v. State, 313 S.C. 526 (1994) (issue of 'strong evidence' language rejected; later overruled)
- Grant, 275 S.C. 404 (1980) (undue emphasis on circumstantial evidence)