STATE v. BROWN

No. 27202.

401 S.C. 82 (2012)

736 S.E.2d 263

The STATE, Petitioner, v. Danny Cortez BROWN, Respondent.

Supreme Court of South Carolina.

Decided December 19, 2012.

Rehearing Denied January 24, 2013.


Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , Assistant Attorney General Mark Reynolds Farthing , all of Columbia; and Solicitor John Gregory Hembree , of Conway, for Petitioner.

Appellate Defender David Alexander , of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.


Justice BEATTY.

Danny Cortez Brown was convicted of trafficking in cocaine and sentenced to twenty-five years in prison. Brown appealed, arguing the trial court erred in denying his motion to suppress the cocaine, which was seized from a duffel bag after his arrest for an open container violation during an automobile stop. The Court of Appeals reversed on the basis the search was improper under Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710<...

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