SC Bar Criminal Procedure 3

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:

Accepted Answer

Admissible, because he was not in custody for Miranda purposes

Answer

Inadmissible, because all stationhouse questioning requires warnings

Answer

Inadmissible, because the confession was presumptively coerced

Answer

Admissible only if recorded

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:

Accepted Answer

A Fourth Amendment search because of the physical trespass to obtain information

Answer

Not a search because movements on public roads are exposed

Answer

Lawful under the automobile exception

Answer

Permitted as a de minimis intrusion

Question 3

In South Carolina, which court has exclusive jurisdiction over the trial of most criminal offenses carrying more than 30 days' imprisonment?

Accepted Answer

The Court of General Sessions

Answer

Magistrate court

Answer

Probate court

Answer

The Court of Common Pleas

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:

Accepted Answer

The impeachment evidence was material to the outcome

Answer

Any impeachment evidence was withheld, regardless of impact

Answer

The witness was the defendant's co-conspirator

Answer

Defense counsel specifically requested the file twice

Question 5

A jury in a South Carolina General Sessions felony trial must consist of how many jurors, and what verdict is required?

Accepted Answer

Twelve jurors with a unanimous verdict

Answer

Six jurors with a unanimous verdict

Answer

Twelve jurors with a 10-2 verdict allowed

Answer

Six jurors with a majority verdict

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:

Accepted Answer

The procedure was unnecessarily suggestive and created a substantial likelihood of misidentification

Answer

Any one-person show-up was used

Answer

The defendant lacked counsel at the show-up

Answer

The victim expressed initial hesitation

Question 7

Under South Carolina law, a person arrested without a warrant must generally receive a bond hearing before a magistrate within:

Accepted Answer

24 hours of arrest

Answer

72 hours of arrest

Answer

Ten days of arrest

Answer

Only upon written request