Crucial Exams

Multistate Bar Examination Practice Question

Police, armed with a valid warrant, search Dana's apartment while she is at work. In a locked closet inside Dana's bedroom they find a bag containing cocaine. The key to the closet is on Dana's keyring. Dana later admits that she knew the drugs were there and that only she had the key. Which of the following best states Dana's potential criminal liability for possession of the cocaine?

  • She is automatically guilty of possession whenever contraband is found anywhere in her residence, regardless of her knowledge or control.

  • She can be convicted if the prosecution proves she knew the cocaine was there and had exclusive dominion and control over it, even though she never physically handled it.

  • Her liability depends solely on whether she owns (rather than rents) the apartment where the drugs were found.

  • She cannot be convicted because she was not present and physically holding the drugs when police arrived.

Multistate Bar Examination
Criminal Law and Procedure
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