State v. Houey, 651 S.E.2d 314 (S.C. 2007)

Cases | State v. Houey, 651 S.E.2d 314 (S.C. 2007) | 2018

The defendant was charged with second-degree criminal sexual conduct with a minor. The State moved for an order requiring the defendant to submit to testing for HIV and other diseases, but the defendant opposed the motion. The trial court issued the order; the defendant appealed. On appeal, the defendant argued that section 16-3-740(B) permits a search of an individual’s body without a probable cause determination that the defendant is actually infected and, therefore, violates the Fourth Amendment of the Federal constitution and article I, section 10 of the South Carolina Constitution. The supreme court held “that probable cause based on individualized suspicion that an offender carries HIV or Hepatitis B is not required by the Fourth Amendment . . . or by Article I, section 10, of the South Carolina Constitution.” The defendant also argued that “since there is no requirement of immediate testing of a subject, any test results may not necessarily be indicative of the [defendant’s] condition at the time of the alleged assault” and, therefore, the statute is unconstitutionally vague. The supreme court disagreed, holding that the defendant’s concerns were not relevant in light of the State’s interest in preventing the spread of these diseases and in protecting the health of alleged victims. The court’s order was affirmed.