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

Florida v. J.L. held that an uncorroborated anonymous tip about a gun does not supply reasonable suspicion for a stop and frisk.

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

Boykin and South Carolina practice require a knowing, voluntary plea with an adequate factual basis established on the record.

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

A genuinely deadlocked jury constitutes manifest necessity, so retrial does not violate double jeopardy.

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

Strickland requires both deficient performance and resulting prejudice measured by a reasonable probability of a different outcome.

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

Buie permits a limited sweep of spaces immediately adjoining the arrest scene without reasonable suspicion, and broader sweeps with articulable facts.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Criminal Procedure 4