Supreme Court of South Carolina
The State, Petitioner/respondent v. Michael Dunbar, Respondent/petitioner
October 13, 2003356 S.C. 138
Summary
The Supreme Court of South Carolina granted the State's petition for certiorari, denied Dunbar's cross-petition, and held that the Court of Appeals erred when it reversed the trial court's admission of drug evidence by deciding the search-warrant issue under S.C. Code Ann. § 17-13-140, a statutory ground Dunbar never raised to the trial court. Because an issue must be raised to and ruled upon by the trial judge to be preserved, the Court vacated the Court of Appeals' opinion to the extent it addressed the search warrant and underlying affidavit and remanded so the Court of Appeals could address the federal and state constitutional arguments Dunbar did preserve. No separate opinions were filed.