December 18, 1990

Opinion concerning a situation in which a judge personally directs the deputy who has been assigned the warrant to serve the warrant, and the deputy refuses to do so by giving the defendant time to make restitution. This opinion addresses whether the deputy can be charged with obstruction of justice, and if not, what the deputy or sheriff may be charged with.

Requested by: The Honorable Daniel Pieper, Berkeley County Magistrate

Read full opinion

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