LEGISLATORS OVERRIDE WARRANTLESS SEARCH VETO

Police officers in South Carolina no longer need a warrant to search
people on probation and parole, following a second, successful attempt
Wednesday in the House to override Republican Gov. Mark Sanford's veto.

A single-vote margin made the measure law,. It takes effect
immediately.

One of the deciding votes came from Rep. Joe McEachern, a Richland
County Democrat and former police officer.

McEachern voted against the Legislative Black Caucus, who, along with
conservative and libertarian Republicans, opposed the measure.

"I didn't intend to be the deciding vote on this, but I did intend to
vote for it, because of my convictions," McEachern said. "Some think
of this as giving power to the police. I look at it differently. I
believe we are empowering our communities."

The law was lauded by about 50 officers in uniform from across the
state who came to the State House to lobby House members.

"We can go back and make our communities safer," said Charleston
Police Chief Greg Mullen.

Supporters called it a public safety measure that will help crack down
on repeat offenders. Opponents said it erodes liberty and will lead to
people being wrongly searched because they may look like someone on
probation or parole.

The law extends to police officers and sheriff's deputies the
authority of probation and parole agents - to bypass going to a judge
for a warrant before searching someone on probation or parole on the
street. The vehicle they're in, whether they own it or not, and any of
their possessions, such as a purse, could also be searched. It does
not extend the authority to search homes.

Inmates must agree to the searches before they're released on parole,
or stay in prison their full term.

"We have a duty to the innocent citizens of this state to protect
them," said House Speaker Bobby Harrell, R-Charleston, arguing people
convicted of a crime lose their right to privacy.

The law requires an officer to have reasonable suspicion of wrongdoing
before searching someone on probation. Before any warrantless search,
officers must first verify the person is on probation or parole.
Improper searches are subject to each agency's discipline policies - a
penalty opponents called too vague.

They argued the law is too susceptible to abuse and racial
profiling.

In his veto, Sanford said he saw no evidence the law would reduce
recidivism. He said it swings the balance between safety and
individual liberties too far in the wrong direction.

"The governor's said consistently, year after year, on these tough
questions he will stand on the side of liberty," his spokesman, Ben
Fox, said Wednesday, adding the governor's vetoes are often overridden
overwhelmingly.

"He's encouraged the discussion is progressing to the point that one,
single vote would have changed the outcome."

Rep. Joseph Jefferson, a former magistrate, said officers already have
authority to keep criminals off the streets, and he predicted the law
would lead to expensive lawsuits. He recalled the times his teenage
son was pulled over while driving Jefferson's 1966 Chevrolet
convertible.

"Every time he got in that car, he was pulled over," said Jefferson,
D-Berkeley, who is black. "I sold my automobile because I was tired of
him being victimized."

Rep. Mac Toole, R-Lexington, said he's not naive enough to doubt some
people will abuse their power but said that's true in every profession.

"The vast majority do what's right and want to protect people," he
said. "If they can stop one murder, one rape on an annual basis, then
it's been worth it."

Statewide, there are about 16,000 officers and deputies, according to
the South Carolina Law Enforcement Officers Association.

That compares with 342 probation and parole agents statewide
supervising roughly 44,000 people, with several counties down to a
single agent, said Peter O'Boyle, spokesman for the Department of
Probation, Parole and Pardon Services. The agency estimates it needs
180 more agents.

Staff writer Roddie Burris contributed.