~uestion 1 Question 2<br > In which of the following fact situations does Responding to growing concern about ciga-<br >~)efendant have the best argument that he was rette smoking by minors and seeking to reduce<br >;he y~ctim of an i~earch or s_eizu _re~ the long-term health costs from smoking-relat(<br >~The notice that Defendant s car is diseases， Congress enacted a statute that ad-<br >，/<br > weaving police erratically on the highway. The dressed the problem in several ways. One<br > officers pull Defendant over. Defendant provision focused on federal economic develo<br > emerges fi om the car and appears incoher- ment grants， which were awarded to states to<br > ent and disoriented. Defendant is arrested promote and assist small businesses in urban<br > and charged with driving under the influ- areas. Under this provision， the grants would t<br > ence of alcohol or drugs. The police searcl}~ reduced by 10% for any state that fails to requ<br > Defendant s glove compartment and find~i businesses engaged in the sale of cigarettes to<br > plastic bag containing a large quantity og take specified precautions to avoid sales to<br > minors， including checking drivers licenses o~<br >/-~arijuana. photo ID cards. The state of Raleigh<br > which<br > h~<br > ，B) Vv]ithout a warrant， federal narcotics offic- a lucrative tobacco industry and receives seve~<br >__~ls cross Defendant s fenced-in field and million dollars under the federal grant progran<br > look through a window into Defendant s challenged the constitutionality of the provisic<br > barn. The barn is located about 150 feet in federal district court.<br > from the fence surrounding his house. The<br > federal agents observe a large quantity of Should the court uphold the federal provi-<br > recently harvested marijuana within the sion?<br > barn. The agents then go to a magistrate， <br > swear out a warrant， and arrest Defendant. (A) No， if the federal provision affects state<br > regulation of businesses that do not operz<br >(C) Narcotics officers attached to the State in interstate commerce.<br > Police learn from an informant that the<br > semi-opaque panes of glass on Defendant s (B) No， because state distribution of econom<br > greenhouse， adjacent to his house， are development funds is an integral govern-<br > being replaced during the night w~ a/t ment function.<br > newer type of glass that lets in m~r~Clight<br > without an increase in visibility. Thty fly(~) Yes， because Congress may condition<br > over Defendant s greenhouse in a helicop- grants of money under its spending powe<br > ter that night. One of the officers focuses<br > on the greenhouse with a pair of infrared (D) Yes， because the provision is substantiall<br > "night-vision" binoculars supplied by the related to the important government inter<br > Department of Defense and not available to est of restricting minors access to ciga-<br > the general public. He determines that rettes.<br > marijuana is being grown. The officers then<br > go to a magistrate， swear out a warrant， and<br > arrest Defendant.<br >~，VUsing a small plane of the type used for<br > "N crop-dusting， county sheriff s officers take<br > aerial photographs of the fields surround-<br > ing Defendant s fann. The pictures are later<br > developed and show that there is marijuana<br > growing in Defendant s fields. The sheriff s<br > officers go to a magistrate， swear out a<br > warrant， and arres! Defendant.<br >