Multistate Bar (MBE) OPE 2 Practice Exam

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Under common law conspiracy, could a drug dealer be convicted of conspiring to distribute drugs when the other conspirator is an undercover officer feigning agreement?

No, because there was no plurality of agreement.

Yes, because undercover agents can count as conspirators.

No, because conspiracy requires two conspirators who both intend to commit the crime.

The fundamental idea is that conspiracy requires a real meeting of minds with intent to commit the unlawful act. If one party is an undercover officer who merely feigns agreement but has no actual intent to distribute drugs, there isn’t a genuine two-person conspiracy. Without two conspirators who both intend to commit the crime, the drug dealer cannot be convicted of conspiracy on that basis.

An undercover officer can only count as a conspirator if they truly intend to join the crime and work to advance it; mere participation to trap someone does not create a conspiracy. That’s why the correct reasoning is that conspiracy requires two conspirators who both intend to commit the crime.

Yes, because the undercover officer's actions establish a conspiracy.

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