In South Carolina, who is authorized to issue search warrants?

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In South Carolina, the authority to issue search warrants lies with magistrates and judges. This is based on the legal framework that designates judges and magistrates as judicial officials who have the jurisdiction to review the circumstances presented by law enforcement officials and make determinations on whether there is probable cause to authorize a search.

Police officers can initiate the process by presenting evidence or information to a magistrate or a judge, but they do not have the jurisdiction to independently issue search warrants. School resource officers, while trained law enforcement professionals, are typically involved in maintaining safety and security within schools and do not hold the authority to issue search warrants. District attorneys, while they play a crucial role in prosecuting cases, are not tasked with the judicial function of issuing search warrants. The proper legal process ensures that an independent judicial officer, who is expected to be impartial, reviews a request for a warrant to protect against unwarranted intrusions.

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