Bobby is a deputy sheriff assigned to investigate drug cases. Bobby has a hunch that Marla, who has previously been convicted of illegal drug possession, is manufacturing illegal methamphetamine ("meth") in her cabin in the woods

Question

He has no direct evidence of this but believes strongly in his hunch. He goes to a judge to obtain a search warrant for the cabin. In his sworn affidavit Bobby falsely states that a reliable informant has purchased "meth" from Marla on two occasions recently. Based on the affidavit, the judge issues the search warrant. Bobby searches Marla's cabin and does indeed find "meth." However, at her trial the defense proves that Bobby lied on the affidavit for the warrant. Which of the following statements is true regarding this situation?
A) Marla can be convicted of the manufacture of "meth" but must be given probation because Bobby lied on the affidavit.
B) The judge has committed obstruction of justice.
C) Bobby has committed barratry.
D) Bobby has committed the offense of tampering with or fabricating physical evidence.

Answer 1

D