Understanding the Law 6th Edition

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 Test Bank 1
CHAPTER SIX
True-False

Any element of falsity renders the statement false.

1. Federal crimes are prosecuted in a federal court and, if conviction follows, result in confinement in
a state prison.

Answer: F

2. Criminal intent is a usual requirement for criminal responsibility.

Answer: T

3. Specific intent requires an intentional act, but no specific knowledge of particular circumstances.

Answer: F

4. Violations of state food quality regulations by a restaurant usually do not require any proof of
criminal intent.
Answer: T

5. An example of a federal crime is transportation of harmful drugs across state lines.

Answer: T

6. A common term for federal crimes is capital crimes. The origin of the reference comes from
federal enforcement of criminal acts in Washington D.C.

Answer: T

7. Private investment in, or ownership of, a prison is prohibited by law.

Answer: F

8. O. J. Simpson was found civilly liable for the wrongful death of his former wife Nicole and her
friend Ron Goldman even though he was found not guilty of the crimes in a criminal prosecution.

Answer: T

9. A young boy got off his old bicycle that was worth about $50, leaned it against a store front, and
while he was in the store a stranger grabbed the bicycle, tossed it in his pickup truck, and drove
away with the young boy yelling “stop thief!” The wrongdoer is guilty of robbery.

Answer: F
10. Police cannot, ever, legally search your person or your residence without a search warrant.

Answer: F

11. A city ordinance banning the “loitering” of “vagrants” in front of business shops would be
constitutional.
Answer: F
12. A husband who offered to pay a bartender $5,000 for referral to a “hit” man to murder his wife
would be guilty of criminal assault.
Answer: F

13. If a prisoner escapes from jail because of a reasonable fear of sexual battery, he or she is not guilty
of the crime of escape from custody because of duress.

Answer: T

14. Every time a state police officer is guilty of brutality or racial discrimination, a federal crime has
occurred.

Answer: T

15. A person who never kills anyone personally, and who never even sees the victim, can, nonetheless
be guilty of murder.

Answer: T

16. According to the example in the text, T. C. Thorstenson was found guilty of the murder of his bride,
Margaret Lesher, although the cause of death was drowning and there were no eye witnesses.

Answer: F

17. If a store clerk dies from a heart attack suffered as the result of an armed robbery, the robber can be
convicted of murder.

Answer: T

18. Although it is a crime for an 18-year-old male to have sexual intercourse with a 15-year-old girl, it
is not a crime for an 18-year-old female to have sexual intercourse with a 15-year-old boy.

Answer: F
19. Kleptomania, and other “genuine” addictive-compulsive disorders, are defenses to the crime of
shoplifting.

Answer: F
20. Police can search garbage that is left by you for collection, looking for evidence of any crime,
without first obtaining a search warrant, even though there is sufficient time within which to obtain
a search warrant.

Answer: T

21. The corpus delicti is the body of the deceased who is the victim of a homicide.

Answer: F

22. Under some circumstances, a defendant can be convicted of and punished for murder even if he or
she personally never killed anyone.

Answer: T

23. Voluntary (or first-degree) manslaughter is an accidental killing committed in the heat of passion.

Answer: F

24. Actual or threatened force directed at a victim for the purpose of obtaining money or other property
is an example of mayhem.
Answer: F

25. In some states, a mistaken but reasonable belief that a minor is 18 years old or older is a complete
defense to the crime of statutory rape. In most other states, it is no defense to the crime.
Answer: T

26. Specific intent requires the intent to accomplish the precise act and harm that the law

prohibitsAnswer: T

27. Some states are turning to private companies to run certain of the states prisons as way of holding
down costs.
Answer: T

28. The Patriot Act Increased the federal government’s ability to legally prevent terrorist suspects from
entering the country and to detain or deport these foreign suspects.

Answer: T

29. Personal invasion is a crime involving an unwelcome or intrusive long-term pattern of threat or
harassment directed repeatedly toward a specific individual that triggers fear or concern in that
person.
 Answer: F

30. A law created to use against organized crime the Racketeer Influenced and Corrupt Organizations
Act (RICO) includes the forfeiture of any ill-gotten monetary gains form illegal activity including
real and personal property.

Answer: T

Fill-ins

Complete each sentence or statement.

1. An agreement between two or more persons to commit a crime generally is not a crime, unless and
until at least one of the participants engages in some ___________________in furtherance of the
crime.

Answer: overt act

2. When a person commences, but fails to complete, a crime, he or she is guilty of a(n)
________________ .
Answer: criminal attempt
3. A felony that is punishable by death is called a(n)_____________ crime.

Answer: capital

4. The difference between the crimes of murder and manslaughter is the existence of
_________________in the mind of the perpetrator at the moment the offense takes place.

Answer: malice OR malice aforethought

5. The difference between the crimes of voluntary and involuntary manslaughter (i.e., the most, and
the least blameworthy categories of manslaughter) is the existence of ____________________
in the mind of the perpetrator at the moment the offense takes place.

Answer: intent to kill or a degree of recklessness comparable to such intent

6. The burden of proof in a criminal case is ________________ . The burden of proof for a
criminal
defendant who seeks to prove the defense of entrapment, however, is merely a(n)
_________________ the usual burden in a(n) ___________________ .
Answer: beyond a reasonable doubt; preponderance of the evidence; civil case

7. The agreement reached among and between a criminal defendant, the prosecutor, and the judge, to
accept a guilty plea in exchange for a specified sentence, is called a(n) __________________.

Answer: plea bargain

8. The law that prohibits the use of evidence in a criminal trial that is wrongfully obtained by police is
called the __________________rule.
Answer: exclusionary

9. The court proceeding that is conducted to determine whether or not there is probable cause of guilt
so that the defendant should stand trial for a specified felonious crime is called a(n)
_________________ .

Answer: preliminary hearing

10. The procedure that releases a prisoner before the complete sentence is served is called
.

Answer: parole

11. The procedure that releases a prisoner before the sentence is begun is called ___________ .

Answer: probation

12. A fast-food restaurant that violates a city ordinance regarding cleanliness is guilty of a
_________________ usually called a(n) ___________________ .
Answer: regulatory offense; infraction
13. A person who is cited by the Highway Patrol for speeding has been charged with
a(n) .
Answer: infraction

14. Unlawful violence directed at a person because she is a Jew is a variety of

crime that typically results in an enhanced penalty.

Answer: hate

15. A person who follows, watches, attempts to converse with, and impliedly threatens by words or
gestures another person is guilty of the crime of . The victim of such a crime
can obtain a court order directing the perpetrator to stop the conduct. Such a court order is called
a(n) ________________ .

Answer: stalking; injunction OR restraining order

16. If Watson willfully splashes gasoline around his barn and ignites it, burning the barn to the ground,
he is guilty of the crime of _________________ if he did this for some wrongful purpose.

Answer: arson
17. Assume an accused person pleads “not guilty” and later, during trial, testifies that “I did not pull the
trigger.” The jury doesn’t believe the defendant and convicts him of murder. In addition to murder,
the defendant is guilty of the crime of _________________ .
Answer: perjury

18. First degree murder requires proof of____________ .

Answer: malice aforethought

19. Ksumé waited in the car while Sam and Oliva robbed a mini-mart. Oliva shot the store clerk.
Ksumé can be found guilty of murder as if he pulled the trigger under the _________________ .
Answer: felony-murder rule
20. If Harold Mean purposely swerves his sports utility vehicle across a freeway lane to scare and
intimidate the driver of a small Saturn who had angered Mean, he is guilty of the crime of
.

Answer: assault

21. A punishment that is constitutionally impermissible is considered to be ____________ .

Answer: cruel and unusual

22. _________________ is a legal writ or court order to release a prisoner from allegedly unlawful
confinement so that he or she can appear before a court for proper remedial action.
Answer: Habeas corpus
23. In the case of United States v Knights involved whether a search pursuant to __________
satisfied the fourteenth amendment.
Answer: probation
24. Directed to persons before a custodial interrogation the _____________ includes the
instruction that person has the right to be silent.

Answer: Miranda warning

25. T h e _ _ _ _ _ _ _ _ strengthened and expanded the ability of federal intelligence and law
enforcement agencies to conduct warrantless searches related to terrorism.
Answer: USA Patriot Act
Multiple Choice

Select the one best answer.

1. The felony-murder rule refers to situations in which

a. one defendant is held criminally responsible for a homicide committed by another principal
while committing a dangerous felony.
b. one defendant is held criminally responsible for a homicide that is provoked by the actions of
another principal while they are fleeing the commission of a misdemeanor.
c. all principals to a violent misdemeanor that results in a homicide are held accountable for
murder.
d. a murder is committed by an ex-felon on parole

Answer: a

2. Criminal intent is an essential element of every crime, except

a. regulatory offenses.
b. voluntary manslaughter.
c. t h e f t .
d. mayhem.

Answer: a

3. Police may search a person, including his clothes and effects, without a search warrant if
a. there is suspicion that the person has committed a crime.
b. the person has been detained as part of an investigation.
c. the person fits a profile of the type of criminal who commits the kind of crime for which the
person is a suspect.
d. the person has been lawfully arrested.

Answer: d

4. A motor vehicle can be searched by police without a search warrant if

a. there is probable cause that motor vehicle contains contraband.
b. the car lawfully has been stopped for a traffic offense, such as speeding.
c. it is after hours and no judges are awake or available.
d. the driver of the car fits the profile of criminals who often deal in contraband.

5. At the borders of the U.S., customs officials can lawfully conduct a “strip” or “skin” search.
a. searches near the border, or places of entry to the United States, are exempt from the general
requirements of probable cause
b. if the suspect conforms to a drug carrier’s profile, acts nervously, and wears bulky clothing a
search can be conducted.
c. if there is a “clear indication” that the suspect is guilty of a crime involving contraband a search
can be conducted.
 d. All of the above

Answer: d

6. Generally, the right to self-defense extends to defending others who are

a. members of the victim’s immediate family.
b. an athlete being assaulted by an opposing team player.
c. co-conspirators.
d. all of the above
Answer: a

7. Trevor heard a burglar entering through a living room window. He grinned as he picked up his gun.
Crouching behind the sofa in his darkened home, he ambushed and killed the intruder with several
well placed shots. He then added another notch in his trusty side-arm. Trevor most probably
a. has exercised his constitutional right of self-defense.
b. has acted legally, because the shooting took place inside his home.
c. has acted legally if, but only if, the burglar was armed with a gun.
d. is guilty of a homicide, or at least voluntary manslaughter.
Answer: d
8. The federal “exclusionary rule,” prohibiting the use in court of evidence wrongfully obtained by the
prosecution, was created by
a. Congress in a statute.
b. the executive branch of government, following public hearings.
c. the U.S. Supreme Court.
d. the U.S. Constitution.
Answer: c

9. Following arraignment for a felony, the accused will be given the opportunity to enter a plea to the
charges. Which of the following is not a plea with a legal basis?
a. nobo contendere
b. guilty
c . not guilty by reason of insanity
d . guilty with extenuating circumstances

10. The governor of a state believes that a felon has “paid his dues” and should be forgiven for his or
her crime. An executive directive to implement that belief is called
a. p ar o l e .
b . probation.
c. p ar d o n .
d . commutation.
Answer: c
11. Recidivist laws refer to state statutes that
a. keep sex offenders incarcerated.
 b. keep repeat offenders incarcerated, primarily for perpetrators of violent offenses.
c. provide for early release for prisoners who have demonstrated their rehabilitation.
d. provide for compensation for victims of serious crimes.

Answer: b

12. Cruel and unusual punishment, in its constitutional law sense, does not refer to which of the
following?
a. prison sentences that are disproportionately long
b. cruelty inside prison walls
c. cruel methods of punishment, such as flashing lights and dripping water in a jail cell
d. erroneous punishment of innocent persons

Answer: d

13. A plea bargain serves the interests of society in all of the ways listed below, except
a. court time is saved.
b. the expense of trial is saved.
c. the prosecution might otherwise lose the case.
d. bargained sentences usually are longer.

Answer: d

14. Which of the following is least likely to occur at a preliminary hearing?

a. The prosecution calls witnesses.
b. The defense calls witnesses.
c. The judge decides if the defendant should stand trial.
d. The corpus delicti is established.

Answer: b

15. Which of the following is not a right of a person accused of a serious crime?
a. the right to remain silent
b. the right to his or her preferred attorney even if indigent (unable to pay for the services)
c. the right to confront adverse witnesses
d. the right to wear normal clothing, not jail attire, during trial

16. Legal search warrants have certain requirements. Which of the following is not a requirement?
a. must specify the place to be searched
b. must specify the items to be seized
c. must be served by two or more law enforcement officers
d. must specify the time the warrant is to be executed

Answer: c

17. On the evening of the 4th of July, with the distant crackling of fire crackers heard in the distance,
Derek Dordson, standing in his backyard, aimed his big-game rifle straight into the sky. He fired
 three shots in rapid succession. Then he returned to watch cartoons on TV. Unbeknownst to Derek,
his first bullet descended onto Victor’s head, killing him instantly. Derek’s second bullet descended
onto the windshield of Albert’s car, causing him to jerk the steering wheel to the left to avoid
further “gunfire” which, in turn, caused him to collide head on with an oncoming vehicle driven by
police Sergeant Phillips. Albert had robbed a nearby service station and was speeding from the
scene of the crime when Derek’s bullet dropped. Both Phillips and Albert were killed instantly.
Derek’s third bullet was never found. Of what crimes is Derek not guilty?
a. murder of the first degree, three counts (Victor, Albert, and Phillips)
b. involuntary manslaughter for the death of Victor
c. involuntary manslaughter, one count each, for the death of Albert and Phillips
d. violation of an ordinance prohibiting the discharge of firearms in city limits

Answer: a

18. Criminal law is often similar even in different states and sometimes in different countries. Which
of the following U.S. crimes is not considered a crime by many countries including Canada and
England?
a. rape
b . cultivating hemp
c . r o b b er y
d . treason

Answer: b

19. Two elements must exist simultaneously before a person can be convicted of most crimes. The first
is a specified state of mind or intent on the part of the person and the second is
a. the performance of a prohibited act.
b. a bad lawyer.
c. insanity.
d. evil motive.

20. To be found guilty of a crime, the state must show that

a. a statute prohibits the behavior.
b. the individual violated probation.
c. a common law case prohibits the conduct.
d. the person had evil intent

Answer: a

21. Of the following crimes, which has created the most difficulty in drafting a valid enforceable
criminal statute?
a. drug offenses
b. varying degrees of homicide
c. st at ut or y r ape
d. l oit eri ng

Answer: d
22. Dirk Dauber thought about murdering his wife, Lynda, so he could inherit her money. Over a
period of time, he developed and refined an elaborate scheme to commit the murder. He even wrote
a step-by-step plan that he kept in his computer. Lynda found the files during a routine inspection
of his files. Is he guilty of any crime?
a. Saving the computer files comprises the wrongful (and stupid) act and he is guilty of attempted
murder.
b. In the absence of any open, outward, manifested act, he had not yet committed a crime.
c. He is guilty of the new felony — abuse of computer files in the second degree — when he
recorded his base human thoughts to possible artificial intelligence.
d. He would be guilty, but Lynda’s acts were an unlawful search and seizure.

Answer: b

23. Which statement is true about manslaughter?

a. It is homicide with malice aforethought.
b. If charged with manslaughter, the accused has no right to not testify. The privilege against self-
incrimination only protects against murder charges.
c. A killing while high on narcotics is a common example.
d. A homicide occurring during rape would be manslaughter.

Answer: c

24. Many states have enacted rape shield statutes to

a. protect victims from abusive courtroom questioning.
b. increase penalties for the crime to such an extent as to deter the criminal.
c. make the names of previous offenders available off the Internet or through the local police
authorities.
d. count the crime double for multiple offender statutes.
 Test Bank 12

25. Which of the below are not defenses to a charge of criminal conduct?
a. self-defense
b. i n s a n i t y
c. d u r e s s
d. the victim’s acquiescence

Answer: d

26. About punishment for criminal behavior

a. in recent years states have changed to indeterminate sentencing in criminal punishment.
b. misdemeanors are punishable in state prisons.
c. community service cannot be considered a punishment.
d. A determinate sentence is the confinement for a fixed or minimum period that is specified by
statute.
Answer: d
27. When arguing his case attorney Perry Masonmint said “My client ate the apple because the serpent
beguiled her.” Perry is making an analogy to
a. entrapment.
b. self defense.
c. insanity.
d. irresistible impulse
Answer: a

28. Fletcher Reede was interested in purchasing some crack and he went looking for a connection. He
found Samantha Cole but before he made the purchase he asked her if she was an undercover police
officer. She said no but lied. Fletcher bought the drugs and was arrested. Which of the following
is true?
a. Samantha’s behavior is entrapment.
b. Fletcher is in serious trouble.
c. Samantha’s recidivism negates Fletcher’s criminal intent.
d. As Samantha is a cop, she was required to tell Fletcher the truth.

Answer: b
29. All the below crimes involve the taking of property. Which is the most likely to lead to violence?
a. larceny
b . embezzlement
c . r o b b er y
d. f r a u d

Answer: c

30. Which of the below is a correct statement regarding the defense of insanity.
a. The defense of insanity is no longer accepted in the United States.
b. A person is not guilty of a crime if in considering the act he was nuts or loony.
c. the defendant was incapable of distinguishing right from wrong at the time the act was
committed.
d. the definition of insanity is one used by psychiatrists to determine treatments necessary for a
 Test Bank 13
mentally disturbed person.
Answer: c

Short Answer Essays

1. Paul was arrested and told he was being charged with violation of the common law crime of
annoying a pubic official. What is his probable defense?
Answer:

If the crime is truly common law, then that will be his defense. The constitution requires that
persons be given fair notice of the wrongful act and that has been interpreted to require that all
crimes be identified in statutes. If there were a statute, it is possible that, like loitering laws, the
statute may be so vague as to deny constitutional due process.

2. What two elements must exist together before a person can be convicted of a crime? Provide an
example of a crime where one of these elements can be missing.

Answer:

The two elements that must exist together are:

a. a specified state of mind or intent on the part of the person, and
b. the performance of a prohibited act.
Exceptions to the requirement of a wrongful state of mind are status offenses such a failing to
pay taxes or failing to get a license of some type. These are usually government regulations.

3. Name two challenges to criminal law enforcement created by technological advances, new science,
and geographical boundaries.

Answer:

The book refers to three challenges given in a speech by Jim Robinson, Assistant Attorney
General for the Criminal Division at the United States Department of Justice.
a. “Technical challenges that hinder law enforcement’s ability to find and prosecute criminals
operating online;
b. legal challenges resulting from laws and legal tools needed to investigate cyber crime lagging
behind technological structural, and social changes; and
c. operational challenges to ensure that we have created a network of well-trained, well-equipped
investigators and prosecutors who work together with unprecedented speed — even across
national borders.”

4. What are the requirements of a criminal conspiracy? Provide an example of a conspiracy and
explain how it meets the definition.
Answer:

Conspiracy is an agreement by two or more persons to commit a crime coupled with an avert
act by one party in furtherance of the agreed crime.
John and Mike agree to commit a burglary. John gains access the home security code. The
crime intended is burglary. The two agree to commit it. One party (John) commits an act (getting
14 Chapter Six
the security code) in furtherance of the crime.
5. Define the concept of entrapment, and provide an example of an entrapment.

Answer:

The text explains the most significant aspect of entrapment: whether the government somehow
placed the idea of committing the crime into the mind of the defendant, or whether the government
simply made commission of the already intended crime more convenient. Any form of coaxing by
the government to persuade the suspect to participate in a crime should be distinguished from, for
example, merely making a purchase of contraband from a criminal.
6. Using examples, define the concept of cruel and unusual punishment.

Answer:

Students should describe more possibilities than situations involving shocking sentences for
minor crimes, such as described in the Rummel case. Physical or mental abuse while incarcerated;
forced hard labor; or any punishment imposed arbitrarily, without standards or guidelines, may be
unconstitutional forms of punishment. Even the failure to protect a prisoner from the physical abuse
of another prisoner, on a recurring basis, may violate the Constitution.
Students should conclude, as indicated in the text examples, that even severe penalties are not
“cruel and unusual” within the meaning of the Constitution. Some sentences do violate the
Constitution, however, such as a 10-year sentence for two obscene telephone calls, as in Wood v.
South Carolina, 483 F.2d 149 (4th cir. 1973). But, in general, states are free to impose severe
sentences. Additional examples include a 10- to 20-year sentence for statutory rape—held lawful in
Hall v. McKenzie, 537 F.2d 1232 (4th cir. 1976). In Hutto v. Davis, 454 U.S. 370, 102 S.Ct. 703
(1982,) two consecutive 20-year sentences for the crime of intent to distribute and the distribution
of nine ounces of marijuana was held “not cruel and unusual.”
The underlying purpose of this question is to reveal how rational persons can have
diametrically different opinions. Thus, when any sentence is imposed, students should realize that
many persons will disagree and be greatly disturbed. No doubt this helps explain the widespread
criticism of criminal penalties and the system that imposes them.

7. What reforms in the criminal law system would you support (e.g., through voting, paying additional
taxes, and even persuading acquaintances)? Include the reasoning underlying each reform.

Answer:

Superior students will downplay merely emotional (and often impracticable or unrealistic)
reforms, such as ever longer minimum sentences, mandatory time limits on trials, and elimination
of jury trials. There are numerous rational and realistic reforms students may suggest, for example:
modification of the Miranda rule; eliminating the requirement of a unanimous verdict by 12 jurors;
eliminating the exclusionary rule; streamlining administrative procedures leading to speedier
handling of criminal matters; wider use of innovative sentencing techniques such as community
service; the simple allocation of more funding to the system for additional judges, jails, prisons, and
courthouse facilities; and so on.

8. A prisoner testified that he escaped from prison, not because he wanted freedom, but rather to
escape physical abuse. If true, should this situation justify the escape? What ramifications of such a
 Test Bank 15
defense can you identify?

Answer:

Presumably the accused acted involuntarily, that is, to avoid personal harm. Duress is the
forced participation in a crime, and is a defense to the crime of escape, as in People v. Jones, 149
Cal App. 3d Supp. 41, 197 Cal. Rptr. 273 (California, 1983). Because prison officials are obliged to
maintain reasonably safe facilities, continued physical abuse by guards or other prisoners is a
defense to escape accomplished under duress, as in U.S. v. Bailey, 444 U.S. 394, 100 S.Ct. 624
(1980).
As a practical matter, the student may observe that any time any a prisoner attempts or
completes an escape, this defense may be raised. A defense lawyer may subpoena guards, prison
officials, other inmates, and so on to prove the existence of the abuse, causing more court
congestion and public expense.

9. Suppose a state statute provided: “Persons who loiter or wander on public streets must identify
themselves, with credible and reliable identification, and account for their presence. Violation of
this provision is a misdemeanor.” Can you think of any reasons why this law might be
unconstitutional?

Answer:

Students should be challenged with the problem of defining specifically what is prohibited by
this ordinance. Similar ordinances have been interpreted as unconstitutionally vague. Here,
moreover, no criminal activity is proscribed; simply being in a public place is not a constitutionally
sufficient basis for a search or seizure, which could follow arrest. On the other hand, a person
suspected of committing a crime can be detained, even frisked (if reasonably necessary for the
protection of the officer), for a brief questioning. Up to an hour’s detention has been held
reasonable, since U.S. v. Campbell, 627 F.Supp. 320 (Alaska, 1985) aff’d 810 F.2d 206 (9th cir.
1987).
10. What is the distinguishing feature of a hate crime? What legal effect do they have?

Answer:

The distinguishing feature is the motivation for the crime, which is to persecute the victim
because of race, religion, sexual orientation, or political beliefs. Usually the crime calls for sentence
enhancements, because the acts are prohibited by other statutes. For example, someone is killed
because of their race or sexual preference. The homicide is already prohibited, but the crime is
enhanced by its motivation.
11. Identify one exception to the general requirement that the authorities obtain a search warrant in a
criminal investigation.
Answer:

Exceptions from the text:

a. Consent — A person may freely consent to a search. Another occupant of one’s apartment may
also consent to a search of shared areas within the dwelling.
b. Incident to a lawful arrest — During a lawful arrest, a defendant is taken into custody. The
arresting officer then may make a search, generally limited to an “arm’s length” area in which
16 Chapter Six
the defendant could reach for a weapon or destructible evidence. Once at the police station,
during booking procedures, the warrantless search may take the form of a strip search for
weapons or contraband. In many states, a person arrested for minor, misdemeanor offenses
(such as unpaid parking violations) could be strip searched at the police station. Because of the
unlikelihood that such arrestees might possess weapons or contraband, however, such practices
are very rare.
c. Motor-vehicle search based on probable cause — A vehicle may be searched if there is
probable cause to believe it contains contraband. Mobility of the vehicle underlies this
exception to the rule requiring a search warrant in advance. Note that a traffic offense, such as
speeding, may not be used as a pretext to justify a search for evidence of a different crime, but
the observation of something “in plain view” is not an unreasonable search. Indeed, it is not
considered a search at all and, thus, is not subject to the restrictions of the Fourth Amendment.
For example, a handgun lying on the floor behind the front seat, if seen by the officer, would
justify a search of a vehicle that had been stopped for a routine traffic offense. The only
restriction on the “plain view” doctrine is whether the officer had a right to be in that place
when the observation was made.

12. Serena and Savyvahn, roommates at Georgia Tech, were attending a Friday night “mixer” in a
private home near campus where several other students began passing around and puffing on
marijuana cigarettes. Serena and Savyvahn had refused to take even one puff although they had
been sipping “light” beers for an hour or so before the doorbell rang. Serena and Savyvahn are one
year under the legal drinking age. Serena opened the door and a uniformed officer asked: “Can I
come in?” Serena simply said “sure.” Within minutes everyone in the house was issued a citation
for misdemeanor-possession of a controlled substance. Of what crimes are Serena and Savyvahn
guilty, if any? Select the correct answer from below and explain why it is correct.

a. They are guilty of underage consumption of alcoholic beverages.

b. They are guilty of the misdemeanor of “possession of a controlled substance for personal use”
as aiders and abettors of the persons who were smoking the marijuana.
c. They are not guilty of any crime, because the search by the police violated the Fourth
Amendment.
d. They are not guilty of any crime.

Answer:

The correct answer is d. Serena and Savyvahn may be guilty of bad judgment, i.e., remaining at a
party at which drugs were being used, but they are not guilty of any crime of “association.” Under
circumstances such as those surrounding Serena and Savyvahn, persons innocent of drug use may
have a difficult time defending themselves. But association alone is not crime, and “aiding and
abetting” requires some “overt act” in furtherance of some crime. Serena and Savyvahn also are not
guilty of consumption of an alcoholic beverage, because they are not in a public place, there is no
evidence they purchased the beverage illegally, there is no evidence they were under its influence
and endangering anyone, and there is no evidence even of its possession. They were simply “there”
among other persons who, no doubt, were guilty of violation of controlled substance laws.