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

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:

Accepted Answer

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

Answer

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?

Accepted Answer

The Court of General Sessions

Answer

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:

Accepted Answer

The impeachment evidence was material to the outcome

Answer

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?

Accepted Answer

Twelve jurors with a unanimous verdict

Answer

South Carolina requires twelve-member juries and unanimous verdicts in General Sessions criminal trials.

(SC Bar) South Carolina Bar Exam Practice Test