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STATE v. MISSOURI

No. 25874.

361 S.C. 107 (2004)

603 S.E.2d 594

The STATE, Respondent, v. Victor MISSOURI, Petitioner.

Supreme Court of South Carolina.

Decided September 27, 2004.

Attorney(s) appearing for the Case

Assistant Appellate Defender Tara S. Taggart, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

Chief Justice TOAL:

This Court granted certiorari to review the court of appeals' decision reversing the trial court, which held that Petitioner Victor Missouri (Missouri) did not have a reasonable expectation of privacy in another's apartment and therefore could not challenge the search of the apartment under the Fourth Amendment. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

In early 1995, Greenville detectives...

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