Question
Baker attended a party at the house of a close friend. There were many other people - at least 30 - in attendance at the
Baker attended a party at the house of a close friend. There were many other people -
at least 30 - in attendance at the party. In a large bowl on a table in the living room, the
host of the party had placed a large quantity of cocaine. As each person entered the
house, the host would say, "Welcome! Please help yourself to some cocaine, if you'd
like!" Baker never used drugs, he never intended to take any of the cocaine, and he
never actually touched any of the cocaine in the large bowl. However, Baker was sitting
on a couch in the living room engaged in conversation, approximately 10 feet away from
the table with the large bowl of cocaine, when the police arrived and placed everyone at
the party under arrest. Is Baker guilty of possession of cocaine?
Yes, because Baker had constructive possession of the cocaine.
Yes, because Baker was an accomplice to the host in the possession of the cocaine.
Yes, because Baker failed to leave the party or distance himself from the cocaine.
No.
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