The Protection of Persons and Property Act. 2006 Act No. 379.

State v. Counts, 2015 S.C. LEXIS 244 (July 8, 2015)

III Discussion C. "Unreasonable Invasions of Privacy b. Other Jurisdictions

Yet, rather than enunciating an unyielding rule or eliminating the "knock and
talk" technique in its entirety, we hold that law enforcement must have reasonable
suspicion of illegal activity at a targeted residence prior to approaching the
residence and knocking on the door. As with our previous right-to-privacy
decisions, we find this rule safeguards the express constitutional right against
unreasonable invasions of privacy and does not hamper law enforcement in their
investigative efforts.

Furthermore, we believe this decision does not exceed the bounds of our
judicial authority as conferred by the drafters of the right-to-privacy provision. In
fact, our ruling effectuates the intent of the Legislature to afford heightened
protection against intrusions into a citizen's home. As evidenced by the enactment
of the "Protection of Persons and Property Act," the Legislature has recognized the
sanctity of one's home and sought to ensure a citizen's right to protect it. S.C.
Code Ann. 16-11-410 to -450 (Supp. 2014).6 Our ruling acknowledges this
legislative pronouncement and gives greater protection to South Carolina citizens
than that of the federal constitution.