What would constitute conspiracy to buy drugs?

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What would constitute conspiracy to buy drugs?

If a person crossed a border crossing into the US with illegal narcotics and the person’s phone was seized, would the recipient of a call fall to legal action?

Asked on July 29, 2014 under Criminal Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Conspiracy requires an agreement between two or more parties for an unlawful purpose.  An overt act in furtherance of the conspiracy establishes evidence of the conspiracy even if the overt act itself is lawful.

In other words, evidence of the conspiracy to buy drugs in this particular case could be established by one party crossing the border with illegal drugs and the telephone call made to the other party would constitute an overt act in furtherance of the conspiracy.  A telephone call itself is a lawful act, but in this case if it is made for the purpose of buying drugs, then the telephone call is an overt act in furtherance of the conspiracy.  


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