South Carolina § 23-17-90 - Illegal arrest.
Full text of South Carolina South Carolina Code of Laws § 23-17-90 — Illegal arrest., with citation guidance and answers to common questions.
§ 23-17-90. Illegal arrest.
If any sheriff or deputy sheriff, without writ, warrant or process, shall summon anyone by arresting the person or attaching the goods to appear in any of the courts of this State, not having at that time any process to justify such summons, upon complaint thereof, on oath, such sheriff or deputy shall be liable to be punished for a contempt by either the court of common pleas or general sessions for his county. But nothing herein contained shall prevent the sheriff or his deputy from arresting any person for treason, felony or breach of the peace committed in his presence or from arresting any person for treason or felony upon probable and reasonable grounds.
HISTORY: 1962 Code SECTION 53-219; 1952 Code SECTION 53-219; 1942 Code SECTION 3521; 1932 Code SECTION 3521; Civ. C. '22 SECTION 2064; Civ. C. '12 SECTION 1171; Civ. C. '02 SECTION 846; G. S. 661; R. S. 726; 1839 (11) 41.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 23-17-90
What does South Carolina Code of Laws § 23-17-90 cover?
Section 23-17-90 ("Illegal arrest.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 23-17-90?
A common citation format is "South Carolina Code of Laws § 23-17-90" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 23-17-90 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.