Could a South Carolina police department require its city to allow civilian ride-alongs?

Short answer The 1997 informal letter did not decide the merits of Seneca’s discontinued ride-along program. It said whether to permit it was a municipal policy choice left to the discretion of the municipal governing body.
State
South Carolina
Opinion
1997-january-27-1997
Issued
January 27, 1997
Issued by
Paul M. Koch, Assistant Attorney General of South Carolina
Requested by
Lt. Stephen F. Baxley

Apply this to your situation

This page answers the general question as of 1997. Ask about yours and see what current South Carolina law means for your facts, with citations you can check.

Disclaimer: This is an official South Carolina Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed South Carolina attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original AG opinion (PDF)

Plain-English summary

In a brief 1997 informal letter, an assistant attorney general responded to a Seneca police lieutenant who said the city no longer allowed the department's ride-along program. The author declined to rule on the program itself. He described the question as one of municipal policy rather than a legal question and left it to the discretion of the municipal governing body.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG order Seneca to restore its police ride-along program?
A: No. The letter left the decision whether to allow the program to the municipal governing body.

Q: Did the letter say ride-alongs were illegal?
A: No. It offered no legal ruling on the program's validity. The author characterized the requested decision as a matter of policy.

Q: Who did the author say should decide the program's future?
A: He identified the municipality's governing body as the decision-maker.

Background and legal framework

The lieutenant asked for a ruling after the city stopped the police department's ride-along program. The author did not analyze statutes or the details of the program. His complete substantive response was that this policy issue belonged to municipal governing officials. The letter identified itself as informal and said it had not been personally reviewed by the Attorney General.

Citations and references

  • The letter cited an earlier Mississippi Attorney General opinion dated May 23, 1990, without discussing its reasoning.

Official title

Informing that the city of Seneca no longer allows the Seneca Police Department to conduct its “ride-along” program and asking for a ruling on the “ride-along” program.

Requester

Lt. Stephen F. Baxley

Source

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

January 27, 1997

I
I

Lt. Stephen F. Baxley
494 Airport Road
Seneca, South Carolina 29678
Dear Lt. Baxley:
Your opinion request has been forwarded to me for reply. Initially, I sincerely apologize for the tardiness of this reply. However, as you must understand, this office receives countless opinion requests and Attorney General Condon has made it a point that we attempt to respond to all as expeditiously as possible. Consequently, on occasion, it may take us longer than we would like to answer individual requests. In your request, you inform this office that the city of Seneca no longer allows the Seneca Police Department to conduct its "ride-along" program. You then ask for a ruling on the "ride-along" program. In my opinion, your question is not one of a legal nature, but rather one of policy which must be left up to the sound discretion of the governing body of the municipality. See, Op. Mississippi Atty. Gen. dated May 23, 1990. This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. Please accept my sincere apology for the delay in responding to your question. If you have any questions, please do not hesitate to call.

"J;~;trrS,
Paul M. Koch
Assistant Attorney General
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