Question

Mikael and his girlfriend Lupita were going to an expensive nightclub. On their way to the club, Lupita asked Mikael to stop by the rare wine shop where she worked. Mikael knew the store was closed but didn’t question why she wanted to stop. When they arrived at the shop they both got out of the car. Lupita used her key to open the shop’s door. They both went in. Lupita went to the cash register and took $400. Mikael saw her take the money. They then left the shop. An undercover police office was walking by and saw Lupita open the shop door. The officer had suspected that the rare wine shop’s owner was engaged in the illegal importation of rare wine. He decided to slip into the store to check out his suspicions. While inside, the officer saw Lupita take the $400. While looking around, he also saw evidence suggesting some of the rare wines were illegally imported. He stuffed a few receipts in his pocket and left the shop, thinking he could use the receipts against the shop’s owner. When they got outside, Mikael asked Lupita why she took the $400 from the cash register, unaware the police officer had been present. Lupita told him that her employer owed her money and that she was taking it so that they could have fun that evening. Mikael did not believe that Lupita was entitled to take the money. Lupita gave Mikael the $400 and he put it in his pocket. In fact, Lupita was not entitled to take the money from the cash register. The police officer returned to the station and filed a report relaying all he had seen while in the shop. Lupita, Mikael, and the wine shop owner were all arrested. With what crime or crimes can the defendants be charged and what defenses may each raise?

Answer 1

Michael-Abetting a crime and trespassing private property. He knew of the theft but did not do anything to stop it. He could have easily asked Lupita to not steal money or could have reported her to the police but instead, he kept the money. His defense can be that he thought that Lupita was owed money by the owner.

Lupita- Stealing and Trespassing-Her crime are straightforward. She can say that the owner refused to pay her the money that was owed to her and hence she was left with no option but to break-in and steal.

Owner- Illegal wine import- He is accused of illegal wine import of which the undercover police officer has evidence. He can defend himself that the police officer did not have the warrant to search his premises and hence the evidence was illegally acquired and should not be taken into account.