Search and Seizure: Who Can Issue a Search Warrant?


“Any magistrate or recorder or city judge having the powers of magistrates, or any judge of any court of record of the State having jurisdiction over the area where the property sought is located, may issue a search warrant to search for and seize” S.C. Code Ann. § 17-13-140

Only in extremely rare circumstances may a magistrate issue a search warrant via fax.[1]

[1] S.C. Supreme Court Order 2001-07-26-01