State v. Tyquan J. Johnson
CourtCourt of Appeals of South Carolina
Date FiledNovember 12, 2026
Docket2026-UP-477
StatusUnpublished
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Full Opinion
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Tyquan Jamar Johnson, Appellant.
Appellate Case No. 2024-000112
Appeal From Florence County
Michael G. Nettles, Circuit Court Judge
Unpublished Opinion No. 2026-UP-477
Submitted October 2, 2026 – Filed November 12, 2026
AFFIRMED
Chief Appellate Defender Wanda H. Carter, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Brian Hollis Gibbs, both of Columbia;
and Solicitor Edgar Lewis Clements, III, of Florence, all
for Respondent.
PER CURIAM: Tyquan Jamar Johnson appeals his convictions for trafficking
more than 400 grams of methamphetamine and possession of a weapon during
commission of a violent crime and his concurrent sentences of twenty-five years'
imprisonment and five years' imprisonment. On appeal, Johnson argues the trial
court erred by allowing his confession into evidence because officers used
improper police tactics to coerce an involuntary admission of guilt during the
custodial interrogation that followed a search of his residence. We affirm pursuant
to Rule 220(b), SCACR.
We hold the trial court did not err by denying Johnson's motion to suppress his
statements because the State proved by a preponderance of the evidence that he
made the statements voluntarily. See State v. Miller, 441 S.C. 106, 119, 893
S.E.2d 306, 313 (2023) ("[V]oluntariness presents a mixed question of law and
fact."); id. ("[T]he ultimate legal conclusion—whether, based on [the] facts, a
statement was voluntarily made—is a question of law subject to de novo review.");
id. at 120, 893 S.E.2d at 313 ("[A] defendant in a criminal case is deprived of due
process of law if his conviction is founded, in whole or in part, upon an involuntary
confession, without regard for the truth or falsity of the confession." (quoting
Jackson v. Denno, 378 U.S. 368, 376 (1964))); State v. Saltz, 346 S.C. 114, 136,
551 S.E.2d 240, 252 (2001) ("If a defendant was advised of his Miranda rights, but
nevertheless chose to make a statement, the 'burden is on the State to prove by a
preponderance of the evidence that his rights were voluntarily waived.'" (emphasis
omitted) (quoting State v. Washington, 296 S.C. 54, 55, 370 S.E.2d 611, 612
(1988))). After reviewing the totality of the circumstances, we find Johnson's will
was not overcome by the officers' conduct. See State v. Collins, 442 S.C. 444, 455,
900 S.E.2d 426, 432 (2024) ("If a suspect's will is overborne and his capacity for
self-determination critically impaired, use of the resulting confession offends due
process." (quoting Saltz, 346 S.C. at 136, 551 S.E.2d at 252)); Miller, 441 S.C. at
120, 893 S.E.2d at 313-14 ("In analyzing whether a defendant's will was overborne
and the resulting confession was offensive to due process, courts must consider the
totality of the circumstances, including the details of the interrogation and the
characteristics of the defendant."). Johnson was in his late thirties when
questioned; an officer testified Johnson was not intoxicated or otherwise impaired;
an officer warned Johnson of his Miranda rights prior to questioning; and footage
from an officer's body-worn camera showed officers questioned Johnson for less
than ten minutes, Johnson made the incriminating statements over the course of
one contiguous interaction, and the questioning took place while Johnson sat on his
front porch next to his brother. See Miller, 441 S.C. at 120-21, 893 S.E.2d at 314
(holding courts may consider the youth, maturity, and physical condition of the
accused, whether the accused was advised of his constitutional rights, as well as
the length, location, continuity, and repeated or prolonged nature of the
investigation to determine the voluntariness of inculpatory statements). Moreover,
officers did not physically punish Johnson, deprive him of food or sleep, make
promises of leniency, or misrepresent the evidence against him. See id. (holding
courts may consider the use of physical punishment, specific promises of leniency,
and intentional misrepresentations of the evidence against the accused).
We acknowledge that officers told Johnson everyone present at the scene—which
included Johnson's brother, wife, and mother—would be arrested if no one claimed
ownership of any illegal items found during the execution of a search warrant.
However, we find this statement did not overcome Johnson's will because the
footage from an officer's body-worn camera showed Johnson asserted ownership
over "anything illegal" found during the search prior to the officer's statement
regarding arresting others at the scene. See id. at 120, 893 S.E.2d at 314 ("[T]he
determination [of voluntariness] will depend 'upon a weighing of the circumstances
of pressure against the power of resistance of the person confessing.'" (quoting
Dickerson v. United States, 530 U.S. 428, 434 (2000))); State v. Miller, 375 S.C.
370, 386, 652 S.E.2d 444, 452 (Ct. App. 2007) ("Coercive police activity is a
necessary predicate to finding a statement is not voluntary."); Collins, 442 S.C. at
456, 900 S.E.2d at 432 ("It is generally recognized that the police may use some
psychological tactics in eliciting a statement from a suspect." (quoting State v.
Parker, 381 S.C. 68, 89, 671 S.E.2d 619, 630 (Ct. App. 2008))); id. ("These ploys
may play a part in the suspect's decision to confess, but so long as that decision is a
product of the suspect's own balancing of competing considerations, the confession
is voluntary." (quoting Parker, 381 S.C. at 89, 671 S.E.2d at 630)); cf. State v.
Corns, 310 S.C. 546, 552, 426 S.E.2d 324, 327 (Ct. App. 1992) ("We find that the
testimony of the officers conceding they informed [the defendant] his wife could
be arrested, that she could be 'involved in the marijuana,' and that their children
could be taken from them amounted to an exertion of improper influence rendering
[the defendant's] statement involuntary."); id. at 549-50, 426 S.E.2d at 325-26
(explaining the officers' statements regarding the defendant's wife and children
occurred immediately prior to the defendant stating "something to the effect of 'I'll
plead guilty to the marijuana, just don't mess with my wife and kids'" showing a
direct connection between the officers' statements and the defendant's acceptance
of responsibility).
AFFIRMED.1
THOMAS, KONDUROS, and CURTIS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.