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Town of Mount Pleasant v. Jones4/26/1999
Appeal From Charleston County Howard P. King, Circuit Court Judge
Heard January 12, 1999
REVERSED AND REMANDED
Virginia Jones was arrested and charged with driving under the influence . The municipal court dismissed the charge based upon an unlawful citizen's arrest, and the circuit court affirmed. The Town of Mount Pleasant (the Town) appeals. We reverse and remand.
FACTUAL/PROCEDURAL BACKGROUND
On February 7, 1996, James Scarborough, a private detective and volunteer fireman, was traveling over the Cooper River Bridge towards Mount Pleasant. He noticed Virginia Jones driving erratically. Scarborough called 911 and informed the police department. After crossing the bridge, Scarborough turned on the emergency red flashing light used in his duties as a volunteer fireman. Jones pulled over to the side of the road because she believed an emergency vehicle was trying to pass. When Jones pulled over, Scarborough yelled at Jones to "stay there, remain in your car." Scarborough held Jones on the side of the road until police officers arrived. She did not feel she could leave safely because it was obvious Scarborough intended to detain her.
Within approximately five minutes, Officer Phipps, a Town of Mount Pleasant police officer, arrived on the scene. Officer Phipps conducted field sobriety tests and then arrested Jones for driving under the influence . Upon arrival at the police station, the officers conducted a breathalyzer test.
Jones made a motion before the municipal court to dismiss the case or suppress evidence obtained from the arrest. The Judge did not reach the suppression issue. Rather, he found Jones was unlawfully "restrained and arrested by private citizen, Mr. Scarborough." As a result, he dismissed Jones's charge for driving under the influence .
The Town appealed to the circuit court. The Town argued the municipal court Judge erred in dismissing the case because "the Fourth Amendment [proscription] against warrantless search and seizures does not apply to actions by private citizens. . . . [Therefore], regardless of the actions of the private citizen, Mr. Scarborough's actions, it does not affect the validity of [the officer's actions once the officer arrived on the scene]." The Town asserted the officer acted properly in lawfully arresting Jones when he arrived on the scene. Therefore, the invalidity of Scarborough's initial detention was irrelevant. The Judge "agree ... that there was an improper arrest in this case" and affirmed the decision of the municipal court Judge. He issued a form order affirming the municipal court Judge's decision. The Town appeals.
DISCUSSION
Recently, this Court considered the question of whether a private citizen has the authority to make a warrantless arrest of another person for driving under the influence. State v. McAteer, Op. No. 2795 (S.C. Ct. App. filed Dec. 21, 1998) (Shearouse Adv. Sh. No. 1 at 1) (en banc). In McAteer, an off-duty Rock Hill police officer was driving his personal vehicle in York County, outside of his territorial jurisdiction, when he observed a vehicle stopped in the middle of the road with its interior light on. The officer stopped his vehicle and approached the other vehicle on foot to investigate. As McAteer rolled down the window, the officer smelled alcohol coming from the vehicle. He also noticed several open alcoholic beverage containers lying in the front and back seats. The officer detained McAteer until a trooper with the South Carolina Highway Patrol arrived. After administering several field sobriety tests, the trooper arrested McAteer for driving under the influence of alcohol. Subsequently, McAte
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