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FALL 1999 MIDTERM

Bob and Bill Brose are brothers. They are both college students who eventually want to go to law school and become attorneys. Like many college students, they enjoy beer, sports and partying, but luckily they attend a private college that has relatively loose rules and loose enforcement regarding alcohol. Bob is 20 years old and Bill is 21.

Normally, the fall months are busy ones on their campus, with football games every week. Several weeks ago was the off-week for football at their school, and each of the brothers was invited out of town to attend a football game and related parties at a friendís school. Each of them accepted the invitation and they are now sorry they did.

Bill was invited to Arkansa, a neighboring state, to attend a football game at Arkansa State University (ASU). He knew Arkansa had strict policies regarding alcohol on campus and he was glad he was staying at a frat house that was not located on the campus. That meant he and his friends, who were all over 21, could drink during the weekend without worrying about violating the law. He left for Arkansa right after his classes were over on Friday, hoping to arrive while it was still light since he had never been there before and the directions he received to the frat house were a little sketchy. Unfortunately, he encountered more traffic than he expected and by the time he got to the college town it was getting dark. As Bill approached the outskirts of town, he stopped at a convenience store and purchased several cases of beer as well as chips and some dip to bring to his friends.

After making his purchase, Bill tried to follow the directions to the frat house but was having trouble finding the correct street. He knew the frat houses were supposed to be several blocks north of the campus but he was having difficulty keeping track of his direction. As he was driving, he began to see row houses with what appeared to be campus signs on them. He assumed that these were the beginning of the fraternity and sorority houses, although neither the street names nor the signage corresponded with the map and directions he had. As he continued driving, he passed under an arch with a logo of the ASU mascot on it and thought he must be getting close to the campus. He also saw several buildings that had the ASU logo on them and figured he was skirting the edge of campus and needed to turn north. Unfortunately, he had gotten himself turned around (the map he had was hard to read) and he turned south instead. As he did so, he began to notice what looked like they might be college buildings in front of him. Just as he was beginning to wonder if he had made a wrong turn, flashing lights appeared behind him. It seems that, in concentrating on which direction he was going, he didnít see a sign that said "No left turn."

A police officer approached his car and asked for his license and registration. While waiting for Bill to produce them, the officer glanced into the car and saw the three cases of beer on the front seat. Pursuant to ASUís zero tolerance policy, he arrested Bill for possessing alcoholic beverages on the campus. In fact, the arch marks the entrance to the campus, and Bill was about three blocks onto the campus at the time he was stopped.

Meanwhile, Bob had departed for Mokans State University (MSU) which was about 100 miles north of where they lived. Bob knew that MSU did not have strict policies regarding alcohol on campus, but he also knew that, being under 21, he was not permitted to possess alcoholic beverages. He had been told that enforcement on the campus was pretty loose. Accordingly, he purchased two cases of beer and took them with him when he went to MSU.

Bob arrived at his friendís dorm early and had to wait in the lobby until his friend arrived home. While he was waiting, he decided to have a beer. He went out to the car and got a bottle from the trunk. He was sitting in a lounge in the lobby drinking when he noticed that a campus security vehicle had pulled up. He saw the officer walking toward him. He saw that the car said MSU Police, but Bob figured that the officer was a campus security guard like they had at his school. Being underage, he thought about trying to hide the beer bottle, but it was too late and there was no place he could hide it anyway. The officer approached him. Bob noticed that he was wearing a badge and carrying a gun and was a bit surprised. The "kiddie cops," as they called them at his school, werenít nearly as formal in their dress and didnít have guns. He thought to himself that the officer looked a lot more like a real cop than the officers at his school, but before he could think more about it, the officer pointed to the bottle and said, "are you old enough to be drinking that?" Bob didnít want to be hassled so he said yes. The officer then asked him for ID to prove it. Bob had a fake ID that he used in bars when he was carded. He never used it for anything else and always gave real police his real license if he were pulled over. But, not wanting to be hassled, and thinking the officer was not a "real" law enforcement officer, Bob handed him his fake ID with a false name and age. He started to get nervous when the officer took out a radio and called in the information on the ID card. When the report came back indicating there was no license issued in the name of the person on the ID card, Bob was arrested for presenting the false ID. By Mokans statute, campus police officers at state colleges and universities are law enforcement officers of the state.

Discuss the potential criminal liability of Bill under the following statute only.

ARKANSA, a Common Law jurisdiction:

Ark. G.L. ß 450.120

Whoever consumes, possesses or serves any alcoholic beverage on the campus of any state college or university without having a valid permit to do so shall be guilty of a Class D misdemeanor.

Discuss the potential criminal liability of Bob under the following statutes only.

MOKANS, a Common Law jurisdiction:

Mok. G.L. ß 381.200

Whoever knowingly misrepresents his identity to a law enforcement officer of this state shall be guilty of a Class A misdemeanor.

MOKANS, a Model Penal Code jurisdiction:

Mok. G.L. ß 577.300

Whoever knowingly fails to comply with a lawful order of a law enforcement officer of this state after having been requested to do so, or interferes with the execution of a lawful arrest or service of a duly executed search warrant; or who misrepresents his identity to such law enforcement officer, shall be guilty of a Class A misdemeanor.

Note: There is no allegation that Bob violated the first two provisions of this statute.