SC Bar Criminal Procedure 2 — Questions and Answers
Question 1: Police stop a driver in Columbia, SC for a broken taillight and, without any additional suspicion, extend the stop 20 minutes to wait for a drug dog. Under Rodriguez v. United States, the evidence found by the dog is:
- Inadmissible, because prolonging a stop beyond its mission without reasonable suspicion violates the Fourth Amendment (Correct answer)
- Admissible, because dog sniffs are not searches
- Admissible, because the initial stop was lawful
- Inadmissible only if the delay exceeded 30 minutes
Correct answer: Inadmissible, because prolonging a stop beyond its mission without reasonable suspicion violates the Fourth Amendment
Rodriguez holds that extending a traffic stop beyond the time needed to complete its mission requires independent reasonable suspicion.
Question 2: A suspect in custody in Charleston says, 'Maybe I should talk to a lawyer.' Police continue questioning and obtain a confession. Under Davis v. United States, the confession is:
- Admissible, because the request for counsel was ambiguous and did not require police to stop (Correct answer)
- Inadmissible, because any mention of a lawyer ends interrogation
- Inadmissible, because police must clarify ambiguous requests
- Admissible only if the suspect later signed a waiver
Correct answer: Admissible, because the request for counsel was ambiguous and did not require police to stop
Davis requires an unambiguous request for counsel before police must cease interrogation.
Question 3: In South Carolina, a defendant charged with a General Sessions offense is entitled to a preliminary hearing primarily to determine:
- Whether probable cause exists to bind the case over (Correct answer)
- Whether the defendant is guilty beyond a reasonable doubt
- The appropriate sentence range
- Whether bail should be revoked
Correct answer: Whether probable cause exists to bind the case over
A preliminary hearing in South Carolina tests only probable cause to send the charge to the grand jury.
Question 4: Officers obtain a warrant based on an affidavit later found to contain an innocent factual error. Under United States v. Leon, evidence seized is admissible if:
- Officers relied on the warrant in objective good faith (Correct answer)
- The magistrate apologizes on the record
- The error was discovered before trial
- The defendant cannot prove bad faith by clear and convincing evidence
Correct answer: Officers relied on the warrant in objective good faith
Leon's good-faith exception permits use of evidence when officers reasonably rely on a facially valid warrant.
Question 5: A South Carolina magistrate court conviction is appealed to the Court of Common Pleas. The standard of review on such an appeal is:
- Review for errors of law on the record, not a trial de novo (Correct answer)
- A completely new jury trial
- Abuse of discretion on all issues
- Certiorari review only
Correct answer: Review for errors of law on the record, not a trial de novo
Appeals from magistrate court criminal convictions in South Carolina go to circuit court for review of legal errors on the record.
Question 6: During a lawful arrest of a driver, police search the passenger compartment after the driver is handcuffed in the patrol car. Under Arizona v. Gant, the search is valid only if:
- The arrestee could access the vehicle or it is reasonable to believe it contains evidence of the offense of arrest (Correct answer)
- The officer feared for his safety at any point
- The arrest was for any felony
- The vehicle was parked on a public street
Correct answer: The arrestee could access the vehicle or it is reasonable to believe it contains evidence of the offense of arrest
Gant limits vehicle searches incident to arrest to situations of arrestee access or evidentiary relevance to the arrest offense.
Question 7: A defendant is indicted by a South Carolina grand jury. How many grand jurors must concur to return a true bill?
- Twelve of the eighteen grand jurors (Correct answer)
- All eighteen grand jurors
- A simple majority of those present
- Six grand jurors
Correct answer: Twelve of the eighteen grand jurors
South Carolina grand juries consist of eighteen members, and twelve must concur to indict.
SC Bar Criminal Procedure 2
Police stop a driver in Columbia, SC for a broken taillight and, without any additional suspicion, extend the stop 20 minutes to wait for a drug dog.
Under Rodriguez v.
United States, the evidence found by the dog is: