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

Carpenter held that accessing extended historical CSLI is a search notwithstanding the third-party doctrine.

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

A defendant who voluntarily absents himself after trial has begun waives the right to presence, and trial may proceed in absentia.

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

South Carolina requires the solicitor to give written notice of intent to seek the death penalty at least 30 days before trial.

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

Schneckloth v. Bustamonte requires only voluntariness under the totality of circumstances, not knowledge of the right to refuse.

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

South Carolina appellate rules require service of the notice of appeal in criminal cases within ten days of sentencing.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Criminal Procedure 5