SD Bar Criminal Law and Procedure 2 — Questions and Answers
Question 1: What is the South Dakota penalty for driving under the influence (first offense)?
- Class 1 misdemeanor with potential jail time up to 1 year and fines (Correct answer)
- A traffic ticket only
- Mandatory 30 days in jail
- License revocation for 5 years
Correct answer: Class 1 misdemeanor with potential jail time up to 1 year and fines
A first-offense DUI in South Dakota is a Class 1 misdemeanor carrying potential penalties including up to 1 year in jail, fines, and license revocation.
Question 2: Under South Dakota law, what is the legal standard for an investigatory stop (Terry stop)?
- Reasonable suspicion that criminal activity is afoot (Correct answer)
- Probable cause
- A hunch or gut feeling
- An anonymous tip alone
Correct answer: Reasonable suspicion that criminal activity is afoot
An investigatory stop requires reasonable articulable suspicion, a standard lower than probable cause but higher than a mere hunch, that criminal activity is occurring.
Question 3: What is the South Dakota drug scheduling system?
- Controlled substances are classified into Schedules I through IV based on potential for abuse and accepted medical use (Correct answer)
- All drugs are classified the same
- Only marijuana has a specific schedule
- South Dakota does not use a scheduling system
Correct answer: Controlled substances are classified into Schedules I through IV based on potential for abuse and accepted medical use
South Dakota classifies controlled substances into schedules, with Schedule I having the highest abuse potential and no accepted medical use, down to Schedule IV.
Question 4: In South Dakota, what is the right to a grand jury indictment?
- Felony charges may be brought by grand jury indictment or by information filed by the prosecutor (Correct answer)
- Grand jury indictment is required for all criminal charges
- Only misdemeanors require grand jury review
- Grand juries do not exist in South Dakota
Correct answer: Felony charges may be brought by grand jury indictment or by information filed by the prosecutor
South Dakota allows felony charges to proceed either by grand jury indictment or by information (complaint) filed by the states attorney.
Question 5: What is the South Dakota habitual offender statute?
- Enhanced penalties for defendants convicted of a felony who have prior felony convictions (Correct answer)
- Mandatory life imprisonment for any third offense
- Reduced sentences for repeat offenders who cooperate
- A diversion program for habitual offenders
Correct answer: Enhanced penalties for defendants convicted of a felony who have prior felony convictions
South Dakotas habitual offender statute provides enhanced sentencing for defendants with multiple prior felony convictions, potentially increasing the maximum sentence significantly.
Question 6: Under South Dakota law, what is the exclusionary rule?
- Evidence obtained through unconstitutional searches or seizures is inadmissible at trial (Correct answer)
- All illegally obtained evidence is admissible
- The rule only applies in federal courts
- Evidence is excluded only if the defendant objects
Correct answer: Evidence obtained through unconstitutional searches or seizures is inadmissible at trial
The exclusionary rule prevents the prosecution from using evidence obtained in violation of the defendants constitutional rights, serving as a deterrent to unlawful police conduct.
SD Bar Criminal Law and Procedure 2
What is the South Dakota penalty for driving under the influence (first offense)?