Pass The Bar.

[WaylonMercy5150]

Answer this multiple choice question on criminal law.

The police were called to a domestic dispute. The wife told police that her husband was abusive and that he was a heavy cocaine user. The husband was present and denied the allegation. Police asked for permission to search the premises for drugs, which was consented to by the wife. The husband, however, refused to consent to the search. The police went ahead anyway and found drugs in the husband’s belongings. After being arrested on drug charges, the husband filed a motion for suppression of the evidence based on lack of consent. What should be the likely decision of the trial court?

A. The search was invalid and the evidence must be suppressed because the co-occupant of the premises was present and refused to give consent to the search.

B. The search was valid because the cases say that one occupants consent overrules the others refusal to search.

C. The search was valid because the wife's statement established probable cause that a crime was being committed - this created exigent circumstances for the search.

D. The search was invalid because, even though consent was given, a search warrant must be obtained by police to enter the home.

 

[JayPettryMMA]

E) I already passed the bar, I have no interest in answering your hypothetical legal questions anymore.

 

[WaylonMercy5150]

E) I already passed the bar, I have no interest in answering your hypothetical legal questions anymore.

I'm guessing you practice corporate law?

 

[Jesus H. Sherdog]

I’m a cop not a lawyer but I’m going with A. Could vary based on jurisdictions though.

Edit: should I ask my prosecutor wife?

 

[TheRuthlessOne]

No idea but I'd guess C

 

[Midnighter]

C

 

[bandicoot]

I'm going with A.

 

[Midnighter]

E) I already passed the bar, I have no interest in answering your hypothetical legal questions anymore.

If you don't answer your license to practice will be revoked.

 

[WaylonMercy5150]

Thanks for your replies. I'll give the answer in a few mins

 

[JayPettryMMA]

If you don't answer your license to practice will be revoked.

 

[Midnighter]

I'm sorry, man, but that's the law.

 

[WaylonMercy5150]

Ok. So the correct answer was A: The search was invalid and the evidence must be suppressed because the co-occupant of the premises was present and refused to give consent to the search. Just because one co-occupant agrees to consent does not negate the others right to refusal.

 

[WaylonMercy5150]

Question #2

Two women, a cashier and an accountant, worked closely together in the accounting department of a large retailer. Both were defrauding the company by separate schemes. The cashier was issuing checks to certain persons and then splitting the proceeds with them. The accountant was making certain expense vouchers that she would issue to persons not entitled to reimbursement, and then she would share the proceeds with them. Both women assisted each other in the making and processing their respective checks and vouchers each month, but each believed that the other’s documents were legal. When things started to unwind, the police discovered both plots and arrested both women for criminal fraud and theft. They also arrested the women for a felony conspiracy to act together in defrauding their company. They both defended against the conspiracy charge. What is the likely outcome of their defense of the conspiracy charge?

A. The conspiracy charge will be dismissed because they can’t be punished for the completed crime and the conspiracy at the same time.

B. The conspiracy charge is valid because they don’t have to know what the other is doing to have a conspiracy.

C. The conspiracy is valid because both individuals defrauded their employer out of funds and they helped each other further their respective crimes.

D. The conspiracy will be dismissed because they had no agreement to further a crime together; rather each thought that the other’s activities were legal.

 

[Ikuza]

I would guess A.

But the abusive bf was probably a broke ass motherfucker, so his name wouldn't be on the lease/mortgage and the search will be allowed.

 

[WaylonMercy5150]

I would guess A.

But the abusive bf was probably a broke ass motherfucker, so his name wouldn't be on the lease/mortgage and the search will be allowed.

Try question #2

 

[Jesus H. Sherdog]

This one is D they need state of mind to know they’re working in concert for it to be a conspiracy

 

[Ikuza]

Try question #2

My years of watching The Good Wife would lead me to chose D. I think you need to consciously agree to cooperate for a conspiracy charge to stick.

 

[WaylonMercy5150]

5 min and I will reveal the answer.

 

[GearSolidMetal]

Question #2

Two women, a cashier and an accountant, worked closely together in the accounting department of a large retailer.

They're both lying.

They're women.

 

[Midnighter]

D