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Stix was arrested yesterday coming out of a hotel room. Stix claims she was in the hotel to stay with a close friend. The police

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Stix was arrested yesterday coming out of a hotel room. Stix claims she was in the hotel to stay with a close friend. The police claim that Stix was selling heroin from the hotel room. The police had received an anonymous phone tip that someone matching Stix's description was selling drugs. They then observed her hotel room for an hour, During that time, three individuals came to the room for two to three minutes each. When the police searched Stix after the arrest, they found no drugs or money. However, they got a warrant to search the hotel room, where they found 15 plasticine baggies of a white powder substance in the hotel-room safe. Stix denies having any knowledge of the drugs. She has no prior arrests. In California, the elements of the crime of possession of a controlled substance with intent to deliver: . A person exercised or had the right to exercise control of a controlled substance; . That person knew of its presence; . That person knew of its nature as a controlled substance; . The substance was in an amount sufficient to be used for sale or consumption as a controlled substance; and . That person the controlled substance with the specific intent to sell the same. 1. Answer whether you feel Stix should be charged with possession with intent to deliver. Apply the facts to the elements of the crime to show how you reached your conclusion. 2. If you were the prosecutor, would you charge Stix for the lesser crime of possession of controlled substance (without intent to deliver). Explain your reasoning

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