State v. Kinloch, 410 S.C. 612

Kinloch charged with trafficking cocaine and heroin and possession with intent to distribute heroin near a park; law enforcement obtained a search warrant for 609 A Pleasant Grove Ln in Charleston after surveillance prompted by complaints of drug activity.
Warrant affidavit described repeated drug-related activity outside 609 A, a hand-to-hand exchange observed, and Burns’ heroin purchase nearby, leading to the seizure of drugs at 609 A.
Trial court suppressed the drugs, finding the affidavit insufficient to establish probable cause; the Court of Appeals affirmed.
State argued the affidavit, viewed under the totality of the circumstances, supported probable cause and that the magistrate had a substantial basis for the finding; no supplemental testimony was presented.
The Supreme Court reversed the suppression ruling and remanded for proceedings consistent with its opinion, clarifying the proper standard and basis for probable cause analysis.
The Franks hearing and good-faith arguments were not decided due to dispositive resolution on probable cause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the affidavit establish probable cause to search 609 A?	Kinloch contends insufficient nexus between Burns’ drugs and 609 A.	State argues totality of circumstances shows fair probability of evidence at 609 A.	Yes; magistrate had substantial basis for probable cause.
What standard governs reviewing magistrate's probable-cause determination?	Kinloch/Holder argues proper standard was not applied ( Gentile guidance).	State argues proper Gates/substantial-basis standard applies.	Magistrate had substantial basis; standard clarified.
Is there a sufficient nexus between observed street-level drug activity and the residence to justify search?	Kinloch asserts activity outside residence cannot link to 609 A.	State shows cumulative circumstantial evidence and surveillance linking to residence.	Yes; totality shows fair probability of evidence at 609 A.

Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (establishes totality-of-circumstances and fair probability standard)
State v. Baccus, 367 S.C. 41 (S.C. 2006) (probable cause reviewed for substantial basis)
State v. Herring, 387 S.C. 201 (S.C. 2009) (applies fair probability standard in review of magistrate's decision)
State v. Missouri, 361 S.C. 107 (S.C. 2004) (legitimate privacy interest and standards for search)
Gentile, 373 S.C. 506 (Ct. App. 2007) (facts insufficient to support probable cause; distinguishable from present case)