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No evidence exists to point that Ricardo knew Jean, or knew that Jean possessed marijuana. Thus Ricardo doesn’t have the felony intent or mens rea for possession, and the state’s possession statute should not be enforced towards him. A responsibility to act may be based on a contract between the defendant and one other get together. The most prevalent examples could be a physician’s contractual responsibility to assist a patient or a lifeguard’s duty to save lots of someone who’s drowning. Keep in thoughts that specialists who aren’t contractually certain can ignore a person’s pleas for assist with out committing a criminal offense, no matter how morally abhorrent that may seem.
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A regulation enforcement officer smells marijuana and does a pat-down search of Jean. He discovers that Jean has a big baggie of marijuana in his jacket pocket and arrests Jean and Ricardo for marijuana possession. Ricardo was within one hundred feet of marijuana as prohibited by the statute, but Ricardo should not be prosecuted for marijuana possession.
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