Serena and Savyvahn, roommates at Georgia Tech, were attending a Friday night "mixer" in a private home near campus where several other students began passing around and puffing on marijuana cigarettes. Serena and Savyvahn had refused to take even one

Question

puff although they had been sipping "light" beers for an hour or so before the doorbell rang. Serena and Savyvahn are one year under the legal drinking age. Serena opened the door and a uniformed officer asked: "Can I come in?" Serena simply said "sure.". Within minutes everyone in the house was issued a citation for misdemeanor-possession of a controlled substance. Of what crimes are Serena and Savyvahnguilty, if any? Select the correct answer from below and explain why it is correct. a . They are guilty of underage consumption of alcoholic beverages. b. They are guilty of the misdemeanor of "possession of a controlled substance for personal use" as aiders and abettors of the persons who were smoking the marijuana. c. They are not guilty of any crime, because the search by the police violated the Fourth Amendment. d. They are not guilty of any crime.

Answer 1

The correct answer is d. Serena and Savyvahn may be guilty of bad judgment, i.e., remaining at a party at which drugs were being used, but they are not guilty of any crime of "association.". Under circumstances such as those surrounding Serena and Savyvahn, persons innocent of drug use may
have a difficult time defending themselves. But association alone is not crime, and "aiding and abetting" requires some "overt act" in furtherance of some crime. Serena and Savyvahn also are not guilty of consumption of an alcoholic beverage, because they are not in a public place, there is no evidence they purchased the beverage illegally, there is no evidence they were under its influence and endangering anyone, and there is no evidence even of its possession. They were simply "there" among other persons who, no doubt, were guilty of violation of controlled substance laws.