Criminal Law

Ms. Cauliflower lived in a small community just outside of Houston which had mostly older retired residents. The neighbors were very nosy and watched everything that went on at other people's houses. Ms. Cauliflower had eye disease and worked only part time. She liked to listen to a podcast about how the federal government did not have the right to deny citizens their right to regulate medications. The podcast preached that citizens had a right to create their own medicine and to use these medicines for their diseases.

On October 31st, Agent Batwing waited until about 7:00 p.m. and sat in a truck with a thermal-imaging device across the street from Mr. Cauliflower's house. He looked like a parent who was watching his child Trick or Treat. He had obtained a warrant to search Mr. Cauliflower's house based on information from two of the neighbors. They said that groups of blind looking people would stumble out of Ms. Cauliflower's house every Wednesday. They also said that she had too many strange friends coming and going.

The house scan showed that there was a lot of heat in an upstairs den and Agent Batwing concluded that Ms. Cauliflower was growing marijuana with halide lights. Ms. Cauliflower was arrested for manufacturing marijuana. As part of her defense, she is alleging that the search of her home was illegal and a violation of her fourth amendment rights. She also alleges that she uses the marijuana to treat her eye disease and gives it to other partially blind people to treat their eyes. She also declared that she believes that the government does not have the right to regulate her growing marijuana for the purpose of medicating herself.

What will be the court's decision on the warrant challenge? What is the court's thinking and discussion in making its decision?What will be the court's decision on whether Ms. Cauliflower had the mens rea or criminal intent when she grew her plants? What will be the court's discussion in making its decision?