SC Bar Criminal Procedure 4

Question 1

Police receive an anonymous tip that a man at a Myrtle Beach bus stop is carrying a gun, with no predictive details. A frisk based solely on this tip is:

Accepted Answer

Invalid under Florida v. J.L., because a bare anonymous tip lacks sufficient indicia of reliability

Answer

Valid because firearms create automatic exigency

Answer

Valid if the man matched the description

Answer

Invalid only if the tip was made maliciously

Question 2

A defendant pleads guilty in a South Carolina court. Before accepting the plea, the judge must ensure on the record that the plea is:

Accepted Answer

Knowing, voluntary, and supported by a factual basis

Answer

Approved by the victim

Answer

Consistent with the co-defendant's plea

Answer

Made after at least two attorney consultations

Question 3

After a mistrial is declared because the jury deadlocked despite lengthy deliberations, retrial of the defendant is:

Accepted Answer

Permitted, because a hung jury is a manifest necessity that removes the double jeopardy bar

Answer

Barred by double jeopardy in all cases

Answer

Permitted only with the defendant's consent

Answer

Barred unless new evidence is discovered

Question 4

Under Strickland v. Washington, a South Carolina PCR applicant claiming ineffective assistance of counsel must prove:

Accepted Answer

Deficient performance and a reasonable probability the result would have differed

Answer

Any error by counsel, however minor

Answer

That counsel acted in bad faith

Answer

Actual innocence by a preponderance of the evidence

Question 5

Officers lawfully arrest a suspect at home and, fearing accomplices, briefly look in adjoining spaces where a person could hide. Under Maryland v. Buie, this is:

Accepted Answer

A lawful protective sweep of spaces immediately adjoining the arrest without additional suspicion

Answer

An unlawful warrantless search of the home

Answer

Lawful only with the homeowner's consent

Answer

Lawful only if a weapon was already found

Question 6

In South Carolina, post-conviction relief (PCR) applications generally must be filed within what period after the conviction becomes final?

Accepted Answer

One year

Answer

Ninety days

Answer

Five years

Answer

There is no time limit

Question 7

A prosecutor strikes the only two Black jurors on the panel, and the defense objects. Under Batson v. Kentucky, the trial court's next step is to:

Accepted Answer

Determine whether a prima facie case of discrimination exists, then require race-neutral reasons

Answer

Automatically seat the struck jurors

Answer

Declare a mistrial immediately

Answer

Overrule the objection unless the prosecutor admits bias