UNITED STATES V. GARRETT
984 F.2d 1402 (5th Cir. 1993)
NATURE OF THE CASE: This was an appeal from a violation of the Federal Aviation Act.
FACTS: Garrett (D) was a passenger attempting to board flight 457 from New Orleans.
Passing through airport security, a gun was discovered in her handbag. D told security
personnel that she had forgotten that the gun was in her purse. D was found guilty of
Section 1472(l)(1) and given a $25 fine and five years probation. D was also ordered to
reside in a halfway house for six months. The magistrate used a should have known standard
for mens rea. D appealed; her conviction was invalid because it was not proven that she knew
a gun was in fact in her purse. P argued that the statute imposed strict liability.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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