Dara was riding in a bus in the State of Goldbergia when the bus suffered a mechanical failure. The bus driver pulled over in a parking lot, waiting for a mechanic, and told the passengers that they could either sit on the bus or roam around nearby until the bus was fixed.
Three police officers eating nearby came to see what the problem was. They couldn’t find the driver, so they walked onto the bus. Dara was the only passenger who opted to stay on the bus, so the officers surrounded Dara and casually asked her what had happened. She explained that the bus had broken down, and everyone else was eating or walking around nearby. The officers asked Dara if they could search her bags, and she said yes. Unbeknownst to Dara, another passenger on the bus had put a new street drug, Mintata, in her bag. The officers found the Mintata.
The police arrested Dara for possession of Mintata. They read Dara her Miranda rights and took her to the police station. They asked her if she wanted to talk and she said, “I don’t know.” After two hours of questioning, Dara asked for a peppermint.
- The police seek to admit the Mintata found in Dara’s bag at Dara’s trial. What is the likely result?
- The police seek to admit Dara’s asking for a peppermint under the theory that Mintata makes people crave peppermints. What is the likely result?