Farmer v. Florence County Sheriff's Office
Annotate this CaseRespondent James Farmer operated a retail store in Florence County. In 2007, Petitioner Florence County Sheriff's Office executed a search warrant and seized the store's inventory, consisting of clothing, shoes, movie DVDs, and music CDs. Respondent was subsequently indicted in January 2008 for one count of trafficking in counterfeit goods and one count of illegal distribution of recordings. He pled guilty to illegally distributing not more than 25 audiotapes or more than 10 videos and the counterfeit goods indictment was dismissed. In early February 2008, respondent's attorney wrote a letter to petitioner seeking return of the allegedly counterfeit goods. In March 2008, counsel sent a second letter. Respondent sued petitioner on May 30, 2008, approximately nine months after the goods were seized and approximately four months after respondent pled guilty to piracy and the counterfeit goods charge was dismissed. The trial court dismissed respondent's suit, and he appealed. Upon review, the Supreme Court found that respondent's remedy under these circumstances was found in South Carolina Code section 39-15-1195(H). Instead of exercising that option, he chose instead to bring this replevin action, a remedy specifically forbidden by section 39-15-1195(D). The circuit court erred in not dismissing respondent's suit, and the Court of Appeals compounded the error. The Court was informed that petitioner no longer had custody of the seized property, and it expressed its "disappointment" that the property was not safeguarded during the pendency of this matter. Since respondent's attorney acknowledged at oral argument that respondent could not establish that the seized goods were not counterfeit within the meaning of 39-15-1190, the Court did not address whether he would otherwise have a remedy against petitioner. The decision of the Court of Appeals was vacated, and the decision of the circuit court reversed.
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