Question
Read the question very carefully.Pay close attention to the adjectives.For example, if a question refers to a state statute, an answer based on a misreading
Read the question very carefully.Pay close attention to the adjectives.For example, if a question refers to a "state" statute, an answer based on a misreading of the adjective to mean a "federal" statute may be incorrect.
For any answer based on the United States Constitution, please include the correct Article or Amendment of the Constitution and describe the concept or principle which applies, for example, the "commerce clause generally prohibits local laws which unreasonably interfere with interstate commerce" or "Congress alone may exercise the power to print money because it is an enumerated power."Use correct references to the decisions of the United States Supreme Court, for example, "in a case involving a state's attempt to limit the size of trucks driven on the Federal highway the US Supreme Court held that ...."It is the concept of the case that is important.Naming of the case by the correct name will earn bonus points so research of the cases cited in the textbook and discussed in class will be helpful.
Matthew McConaughey is an ardent fan of the University of Texas Longhorn football team.Each time the team wins, he and his friends celebrate in the privacy of his home in Austin,Texas by playing bongos and engaging in more intimate activities.A local policeman who is a Texas A&M Aggie football fan reads about this behavior on the internet.
In 1999, after Texas wins the game against A&M, acting on his own initiative and without a warrant, the officer sneaks up to Matthew's home to peer through a window.He observes Matt and his friends naked, playing the bongos and engaging in conduct which the policeman finds offensive.Matt and his friends are over age 18 years.The officer arrests them for committing lewd acts and confiscates the bongos. While in the process of arresting them, he also finds a small amount of marijuana sitting on a coffee table in Matt's living room.The officer arrests them and charges them with (1) lewd conduct among adults and (2) possession of an unlawful controlled substance.All of the offenses are charged under state laws, not federal laws.
1.What defenses do Matthew and his friend have to the charge of lewd conduct which occurred between consenting adults?Identify the Constitutional provisions and Supreme Court cases which support them.Explain your answer.
2. What defenses do Matthew and his friend have to the charge of possession of a controlled substance?Identify the Constitutional provisions and Supreme Court cases which support them.Explain your answer.
3.Can the marijuana seized by the officer be admitted as evidence during trial of the criminal charge prosecution?Identify the Constitutional provisions and Supreme Court cases which support them.Explain your answer.
4. Which element of the Constitution afford Constitutional protections to Matthew and his friend from the local law enforcement officer's actions?
5.Would it make a difference in the case if Matt and his friend engaged in this behavior while observing the football game from his sky box at Memorial Stadium on the University of Texas campus?
6.If the local policeman called the U.S. Marshall to arrest Matthew on federal drug possession charges, would it make a difference in the outcome of the federal case if in 1999 Texas Governor George W. Bush signed a law enacted by the Texas Legislature which legalized possession of marijuana for personal use in the home?Would it make a difference if Matthew had a medical marijuana card issued by the State of California or the State of Texas?
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