A citizen may arrest a person in the nighttime by efficient means as the darkness and the probability of escape render necessary, even if the life of the person should be taken, when the person:
(a) has committed a felony;
(b) has entered a dwelling house without express or implied permission;
(c) has broken or is breaking into an outhouse with a view to plunder;
(d) has in his possession stolen property; or
(e) being under circumstances which raise just suspicion of his design to steal or to commit some felony, flees when he is hailed.
HISTORY: 1962 Code Section 17-252; 1952 Code Section 17-252; 1942 Code Section 908; 1932 Code Section 908; Cr. P. '22 Section 2; Cr. C. '12 Section 2; Cr. C. '02 Section 2; G. S. 2617; R. S. 2; 1866 (13) 406; 1995 Act No. 53, Section 1.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 13 - Arrest, Process, Searches And Seizures
Section 17-13-10. Circumstances when any person may arrest a felon or thief.
Section 17-13-20. Additional circumstances when citizens may arrest; means to be used.
Section 17-13-30. Officers may arrest without warrant for offenses committed in view.
Section 17-13-60. Circumstances when persons are not to be arrested but may be served process.
Section 17-13-70. Warrant authorizing breaking open gambling rooms.
Section 17-13-80. Service of process on domestic and foreign corporations.
Section 17-13-90. Service of criminal process on Sunday.
Section 17-13-100. Escaped prisoners may be retaken on Sunday.
Section 17-13-110. Confinement in industrial communities.
Section 17-13-120. Persons shall not be removed from one prison to another without cause.
Section 17-13-130. Penalty for signing warrant for illegal removal of prisoner.