SC Bar Criminal Procedure 5

Question 1

Police obtain 127 days of a suspect's historical cell-site location data from his carrier without a warrant. Under Carpenter v. United States, this is:

Accepted Answer

A Fourth Amendment search generally requiring a warrant

Answer

Lawful under the third-party doctrine

Answer

Lawful because business records lack privacy protection

Answer

A search only if the data covered more than one year

Question 2

A defendant absconds after his South Carolina trial begins. The court may:

Accepted Answer

Continue the trial in absentia, since voluntary absence after trial commences waives the right to be present

Answer

Only declare a mistrial

Answer

Dismiss the indictment with prejudice

Answer

Suspend proceedings until the defendant is captured

Question 3

The State intends to seek the death penalty in South Carolina. Notice of intent to seek death must be given to the defense:

Accepted Answer

At least 30 days before trial

Answer

At arraignment only

Answer

Within 10 days of indictment

Answer

No notice is required

Question 4

An officer asks a driver already stopped for speeding, 'Mind if I look in the trunk?' The driver says yes and contraband is found. The consent is valid if:

Accepted Answer

It was voluntary under the totality of the circumstances, even without warnings of the right to refuse

Answer

The officer first advised of the right to refuse

Answer

It was in writing

Answer

A second officer witnessed it

Question 5

A defendant convicted in General Sessions court wishes to appeal. His notice of appeal to the South Carolina appellate courts must generally be served within:

Accepted Answer

Ten days after sentencing

Answer

Thirty days after sentencing

Answer

Sixty days after sentencing

Answer

One year after sentencing

Question 6

Police interrogate a suspect without Miranda warnings, obtain an unwarned confession, then give warnings and have him repeat it as part of a deliberate two-step strategy. Under Missouri v. Seibert, the second confession is:

Accepted Answer

Inadmissible, because midstream warnings in a deliberate two-step interrogation are ineffective

Answer

Admissible, because warnings were eventually given

Answer

Admissible if the suspect signed a waiver

Answer

Inadmissible only if physical coercion occurred

Question 7

During deliberations, a South Carolina jury reports deadlock and the judge gives a charge urging jurors to re-examine their views without surrendering honest convictions. This is:

Accepted Answer

A permissible Allen charge, so long as it is not coercive

Answer

Reversible error per se

Answer

Permitted only in capital cases

Answer

Permitted only with both parties' consent