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Graded
DOMAIN 1: CRIMINAL LAW AND PROCEDURE (25 Questions)
Question 1
Officer Johnson responds to a domestic disturbance call in Richland County. Upon
arrival, he observes visible injuries on the victim and probable cause to believe a
violation of SC Code § 16-25-20 (Criminal Domestic Violence) has occurred. The
suspect has already left the scene. According to SC Code § 16-25-30 and SCCJA
protocols, what is Officer Johnson's authority regarding warrantless arrest?
A. Officer Johnson cannot arrest without a warrant because the suspect is not present
and the offense did not occur in his presence.
B. Officer Johnson may obtain an arrest warrant, but cannot arrest without it since the
offense is a misdemeanor and the suspect has fled.
C. Officer Johnson has statutory authority to arrest the suspect without a warrant within
24 hours of the offense, or may seek a warrant if the suspect cannot be located
promptly.
,D. Officer Johnson must wait for the suspect to return and commit another offense in
his presence before making any arrest.
Correct Answer: C
Rationale: SC Code § 16-25-30 specifically grants law enforcement warrantless arrest
authority for criminal domestic violence when there is probable cause, even if the
offense did not occur in the officer's presence and even if some time has passed.
Officers may arrest within 24 hours without a warrant, or may seek a warrant if the
suspect cannot be located. This statute creates an exception to the general rule
requiring in-presence misdemeanors for warrantless arrest. Option A is incorrect
because it ignores the CDV statutory exception. Option B is incorrect because it treats
CDV as a standard misdemeanor requiring warrants. Option D is incorrect because it
requires in-presence commission, which CDV statute specifically overrides.
Question 2
During a traffic stop in Charleston, Officer Martinez observes a partially open glove
compartment containing what appears to be a bag of white powder. The driver refuses
consent to search. Based on Pennsylvania v. Mimms and SC search and seizure law,
what is the proper course of action?
A. Officer Martinez may order the driver out of the vehicle and seize the contraband
under the plain view doctrine if it is immediately apparent as contraband without
manipulation.
,B. Officer Martinez must obtain a search warrant before examining the glove
compartment further because the driver has not consented.
C. Officer Martinez may search the entire vehicle without limitation because traffic stops
automatically authorize full vehicle searches.
D. Officer Martinez must ignore the evidence because the driver has not been arrested
and no consent was given.
Correct Answer: A
Rationale: Under Pennsylvania v. Mimms (1977), officers may order drivers out of
vehicles during lawful traffic stops for officer safety. The plain view doctrine permits
seizure of contraband when: (1) officer is lawfully present; (2) item is in plain view; and
(3) incriminating character is immediately apparent without manipulation. The partially
open glove compartment containing apparent contraband satisfies these requirements.
Option B is incorrect because plain view does not require consent or warrant. Option C
is incorrect because traffic stops do not authorize full searches without probable cause
or other justification. Option D is incorrect because officers are not required to ignore
evidence discovered through lawful means.
Question 3
According to SC Code § 16-11-311 and § 16-11-312, what distinguishes First Degree
Burglary from Second Degree Burglary?
, A. First Degree requires breaking and entering at night; Second Degree applies to
daytime offenses only.
B. First Degree requires entry into a dwelling with a deadly weapon, causing injury, or
having two or more prior burglary convictions; Second Degree covers other building
entries with intent to commit a crime.
C. First Degree applies only to commercial buildings; Second Degree applies to
residential structures.
D. First Degree requires theft of property valued over $10,000; Second Degree applies to
lesser values.
Correct Answer: B
Rationale: SC Code § 16-11-311 defines First Degree Burglary as entry into a dwelling
with: (1) a deadly weapon; (2) causing physical injury (not including the defendant); or
(3) defendant has two or more prior burglary convictions. It is a felony punishable by 15
years to life. Second Degree Burglary (§ 16-11-312) covers entry into any
building/dwelling with intent to commit a crime, without the aggravating factors of First
Degree, punishable by up to 15 years. Option A is incorrect because the common law
"nighttime" requirement has been abolished in SC. Option C is incorrect because First
Degree specifically applies to dwellings, not commercial buildings. Option D is incorrect
because theft value is not an element of burglary (which is complete upon entry with
intent).