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After threat, judge denies search of student's home
Posted: 09.20.2010 at 11:46 PM
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An Horry County magistrate denied police a search warrant for the home of a St. James High School student accused of making online threats.

Horry County police arrested Joshua Lane, 18, of Surfside Beach, on September 8 and charged him with disturbing schools.

According to police, Lane posted an online message that read, "you guys thought Columbine was bad ... we'll see who's laughing Friday."

Police Spokesman Robert Kegler confirmed Monday that police sought a search warrant for Lane's home from Magistrate Derek Blanton.

"We presented the facts to a judge, but the warrant was denied," Kegler said.

Blanton would not agree to an interview with this reporter, but he did say he didn't find enough probable cause to issue a search warrant.

"And that's all I'm going to say," Blanton said in his office Monday.

Police routinely seek warrants from magistrates, and sometimes that's the only involvement the judges have in the case. In Lane's criminal case, Judge Blanton will not be the presiding judge, as it will be heard in general sessions.

However, Blanton said because the case is pending, he didn't want to comment further.

"I may violate the canons of my ethics," he said.

NewsChannel 15 heard from several parents who expressed concern over the house not being searched.

"What more probable cause can you have?" asked Gail Hoover who has a daughter at St. James High. "He's making a threat, a very serious threat. What more does he (the judge) want?"

When told about the parent's concerns, Blanton said sometimes outsiders don't understand the law all that well, and he reiterated not finding enough probable cause.

"I'd like to know why. I'd like to have some answers," Hoover said, "and I'm sure a lot of parents who have kids at this school would like them, too."

Lane had a disciplinary hearing last week, but the results haven't been made public, and it's not clear whether he'll be expelled or suspended.

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