Could a South Carolina clerk's office process server put a flashing blue light on his vehicle?

Plain-English summary

In January 2004, South Carolina's Attorney General concluded that a clerk's office process server could not equip the described vehicle with a flashing blue light. The statute then allowed such a light only on a vehicle used primarily for law enforcement. The AG understood “primarily” to mean a majority of the time.

The employee mainly served court documents, including summonses, and only occasionally arrested someone with pending charges. On those stated duties, the AG said the vehicle did not qualify.

Currency note

This opinion was issued in 2004. 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.

Historical summary

Clerks and process servers

The opinion focused on how the vehicle was used, not merely the employee's association with a court or occasional power to arrest. Because service of documents was the described regular work, the AG said the vehicle could not carry a blue light.

Common questions

Did working for a clerk of court make the vehicle eligible for a blue light?
No. The AG applied a primary-use test to the vehicle.

Did occasional arrests change the answer?
No. The opinion said the vehicle had to be used for law enforcement a majority of the time.

What activities did the AG consider?
It considered service of contempt and juror summonses and other court documents, along with occasional arrests.

Background and statutory framework

Berkeley County's chief deputy clerk described a process server's duties and asked about a blue light. The AG applied the vehicle-use restriction in the statute and answered on that description.

Citations and references

The opinion discussed Section 56-5-4700.

Official title

Questioning whether a process server employed by the clerk of court’s office can use a blue light on his vehicle.

Requester

James L. McClinton, Chief Deputy Clerk of Court, Berkeley County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-5-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04jan5mcclinton.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMA.sTER
ATTORNEY GENERAL

I
I

January 5, 2004

Mr. James L. McClinton
Chief Deputy Clerk of Court
Berkeley County
300 California A venue
Moncks Comer, South Carolina 29461
Dear Mr. McClinton:
In a Jetter to this office you questioned whether a process server employed by the clerk of court's office can use a blue light on his vehicle. S .C. Code Ann. Section 56-5-4700 ( 1991) provides that" ... it shall be unlawful for any person to possess any flashing, oscillating or rotating blue Jight on any vehicle except one used primarily for law enforcement purposes." You indicated that the typical tasks ofthe individual you referenced are serving contempt summonses, juror summonses, financial responsibility documents for the sheriffs department civil division and other such court documents. You indicated that on occasion he may arrest an individual if the individual is found to have additional charges pending. As I indicated in our telephone conversation, in order to use a blue light, the vehicle must be one used primarily for law enforcement purposes. Ifthe vehicle is not so used a majority ofthe time, a blue light may not be used. According to the description of duties provided by you, it is my opinion that the referenced vehicle may not be equipped with a blue light.

Charles H. Richardson
Senior Assistant Attorney General

REMBERT C. DENNtS BunnJNG • Posr OmcE Box I J549 • CoLUMBlA, S.C. 29211-1549 • TEl.El'HoNE: 803-734-3970 • fACSIMlLE: 803-253-6283