SC Bar Criminal Procedure 2

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:

Accepted Answer

Inadmissible, because prolonging a stop beyond its mission without reasonable suspicion violates the Fourth Amendment

Answer

Admissible, because dog sniffs are not searches

Answer

Admissible, because the initial stop was lawful

Answer

Inadmissible only if the delay exceeded 30 minutes

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:

Accepted Answer

Admissible, because the request for counsel was ambiguous and did not require police to stop

Answer

Inadmissible, because any mention of a lawyer ends interrogation

Answer

Inadmissible, because police must clarify ambiguous requests

Answer

Admissible only if the suspect later signed a waiver

Question 3

In South Carolina, a defendant charged with a General Sessions offense is entitled to a preliminary hearing primarily to determine:

Accepted Answer

Whether probable cause exists to bind the case over

Answer

Whether the defendant is guilty beyond a reasonable doubt

Answer

The appropriate sentence range

Answer

Whether bail should be revoked

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:

Accepted Answer

Officers relied on the warrant in objective good faith

Answer

The magistrate apologizes on the record

Answer

The error was discovered before trial

Answer

The defendant cannot prove bad faith by clear and convincing evidence

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:

Accepted Answer

Review for errors of law on the record, not a trial de novo

Answer

A completely new jury trial

Answer

Abuse of discretion on all issues

Answer

Certiorari review only

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:

Accepted Answer

The arrestee could access the vehicle or it is reasonable to believe it contains evidence of the offense of arrest

Answer

The officer feared for his safety at any point

Answer

The arrest was for any felony

Answer

The vehicle was parked on a public street

Question 7

A defendant is indicted by a South Carolina grand jury. How many grand jurors must concur to return a true bill?

Accepted Answer

Twelve of the eighteen grand jurors

Answer

All eighteen grand jurors

Answer

A simple majority of those present

Answer

Six grand jurors