Discussions Week 5
John Doe; a federal judge, is driving a rental 2015 Ferraro when he is stopped by the police for speeding. After issuing Doe a ticket, the officer asked him if there was anything illegal in his car. Doe is insulted by the question and curses at the officer before reluctantly consenting to the search. While searching the car, the officer finds a baggie of marijuana containing no more than 2 grams of marijuana. Doe is arrested and later charged with possession of the narcotic under a state statute that makes it a misdemeanor to be in possession of cannabis in amounts under 3 ounces. Doe is also charged with disturbance of the peace.
Doe claims that the drugs are not his and that he was not aware of its presence in his car.
a. Is Doe guilty of the possession charge? Fully explain the basis of your position. What facts not provided in this case would you want to know in order to determine guilt?
b. What factors are relevant to prove possession in this case and other similar cases involving alleged possession of contraband?
Doe further objects to the charge of disturbance of the peace.
a. What; if anything, can Doe argue to challenge this charge?
b. What factors are relevant to prove disturbance of the peace in this case?
Lastly, should this case be prosecuted at the state level or at the federal level? Fully explain the basis of your position.