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18. What crime, if any, has the man committed?
The jurisdiction follows the common law of conspiracy and solicitation, and uses the dangerous-proximity test for attempt.
A man offered to sell illegal drugs to an undercover police officer, who immediately arrested the man. The officer searched the man but found no drugs in his possession.
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A is incorrect. The man is not guilty of conspiracy because conspiracy requires an agreement between the participants, and the facts here do not demonstrate such an agreement. However, the man committed solicitation when he attempted to cause the officer to commit the crime of possession of a controlled substance.
B is incorrect. The man is not guilty of attempt because the jurisdiction in this case uses the dangerous-proximity test, and the facts do not show the man was in dangerously close proximity to a completed offense. Importantly, the man did not have drugs in his possession.
D is incorrect. Based on the facts presented, the man committed a criminal solicitation when he attempted to cause the undercover officer to commit the crime of possession of a controlled substance.