Posted: May 18th, 2017

Responding to merchant complaints about addicts congregating by fancy stores, the legislature passed a new law making it a crime “to be addicted to the use of illegal narcotics.” Walking on the public street, Dawn was seen moving unsteadily by a police officer.

Responding to merchant complaints about addicts congregating by fancy stores, the legislature passed a new law making it a crime “to be addicted to the use of illegal narcotics.” Walking on the public street, Dawn was seen moving unsteadily by a police officer. The officer approached Dawn and asked her, “Are you O.K.?” Dawn replied, “None of your business.” The officer observed fresh needle marks on Dawn’s arm while she said, “I really need my stuff, don’t arrest me.” Dawn was arrested and charged with violating the new law. Can she be successfully prosecuted? (A) Yes, the officer’s observations are sufficient evidence to convict Dawn. (B) Yes, the officer’s observations, coupled with Dawn’s statements, are ample evidence to convict. (C) No, a conviction would violate Dawn’s constitutional rights. (D) No, Dawn’s statement cannot be used against her.