State v. Frazier

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Matthew Frazier, Appellant.

Appellate Case No. 2011-193426

Appeal From Beaufort County
Thomas A. Russo, Circuit Court Judge

Unpublished Opinion No. 2013-UP-280
Heard June 3, 2013 – Filed June 26, 2013

AFFIRMED

Appellate Defender Dayne C. Phillips, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Julie Kate Keeney, both of Columbia,
for Respondent.

PER CURIAM: Matthew Frazier appeals his convictions for trafficking cocaine,
possession with intent to distribute crack cocaine, and simple possession of
marijuana. He argues the trial court erred in denying his motion to suppress
evidence found during the execution of a search warrant, which Frazier alleges was
facially insufficient to establish probable cause. We affirm pursuant to Rule
220(b), SCACR, and the following authorities: State v. Dupree, 354 S.C. 676, 687,
583 S.E.2d 437, 443 (Ct. App. 2003) ("An informant's controlled buy of drugs can
constitute probable cause sufficient for a magistrate to issue a warrant."); State v.
Jones, 342 S.C. 121, 126-27, 536 S.E.2d 675, 678 (2000) (concluding a defendant
in South Carolina may challenge misstatements in a search warrant affidavit);
State v. Davis, 371 S.C. 412, 415-16, 639 S.E.2d 457, 459 (Ct. App. 2006)
(describing the two-part test to determine if alleged misstatements in an affidavit
render a search warrant invalid); id. at 416, 639 S.E.2d at 459 (explaining the first
part of the test requires allegations and proof of either deliberate falsehood or
reckless disregard for the truth); id. (explaining the second part of the test requires
the court to determine if an allegedly false affidavit, with the false material set
aside, is sufficient to establish probable cause).

AFFIRMED.

SHORT, THOMAS, and PIEPER, JJ., concur.