SC Bar Criminal Procedure 3 — Questions and Answers
Question 1: A suspect voluntarily comes to a Greenville police station, is told he is free to leave, and confesses without Miranda warnings. The confession is:
- Admissible, because he was not in custody for Miranda purposes (Correct answer)
- Inadmissible, because all stationhouse questioning requires warnings
- Inadmissible, because the confession was presumptively coerced
- Admissible only if recorded
Correct answer: Admissible, because he was not in custody for Miranda purposes
Miranda applies only to custodial interrogation, and a person told he is free to leave is generally not in custody.
Question 2: Police attach a GPS tracker to a suspect's car without a warrant and monitor it for a month. Under United States v. Jones, this is:
- A Fourth Amendment search because of the physical trespass to obtain information (Correct answer)
- Not a search because movements on public roads are exposed
- Lawful under the automobile exception
- Permitted as a de minimis intrusion
Correct answer: A Fourth Amendment search because of the physical trespass to obtain information
Jones held that physically attaching a GPS device to a vehicle to gather information is a search under the trespass theory.
Question 3: In South Carolina, which court has exclusive jurisdiction over the trial of most criminal offenses carrying more than 30 days' imprisonment?
- The Court of General Sessions (Correct answer)
- Magistrate court
- Probate court
- The Court of Common Pleas
Correct answer: The Court of General Sessions
The Court of General Sessions is South Carolina's criminal trial court for offenses beyond magistrate/municipal jurisdiction.
Question 4: The prosecution fails to disclose a witness's plea deal that could impeach his testimony. Under Giglio v. United States, reversal is required if:
- The impeachment evidence was material to the outcome (Correct answer)
- Any impeachment evidence was withheld, regardless of impact
- The witness was the defendant's co-conspirator
- Defense counsel specifically requested the file twice
Correct answer: The impeachment evidence was material to the outcome
Giglio treats impeachment evidence as Brady material requiring disclosure when material to guilt or punishment.
Question 5: A jury in a South Carolina General Sessions felony trial must consist of how many jurors, and what verdict is required?
- Twelve jurors with a unanimous verdict (Correct answer)
- Six jurors with a unanimous verdict
- Twelve jurors with a 10-2 verdict allowed
- Six jurors with a majority verdict
Correct answer: Twelve jurors with a unanimous verdict
South Carolina requires twelve-member juries and unanimous verdicts in General Sessions criminal trials.
Question 6: A defendant moves to suppress a show-up identification conducted an hour after a robbery. The court should exclude the identification only if:
- The procedure was unnecessarily suggestive and created a substantial likelihood of misidentification (Correct answer)
- Any one-person show-up was used
- The defendant lacked counsel at the show-up
- The victim expressed initial hesitation
Correct answer: The procedure was unnecessarily suggestive and created a substantial likelihood of misidentification
Under Neil v. Biggers, due process bars identifications only when unnecessary suggestiveness produces unreliability under the totality of circumstances.
Question 7: Under South Carolina law, a person arrested without a warrant must generally receive a bond hearing before a magistrate within:
- 24 hours of arrest (Correct answer)
- 72 hours of arrest
- Ten days of arrest
- Only upon written request
Correct answer: 24 hours of arrest
South Carolina practice requires a prompt bond hearing, generally within 24 hours of a warrantless arrest.
SC Bar Criminal Procedure 3
A suspect voluntarily comes to a Greenville police station, is told he is free to leave, and confesses without Miranda warnings.
The confession is: