Show Cause Bail Applications in the Supreme Court (NSW), Reporting Police Misconduct in New South Wales, Assault Occasioning Actual Bodily Harm (NSW), Housebreaking Offences in New South Wales, Offences Involving Underage Drinking (NSW), Penalty Notice Scheme for Drug Possession (NSW), Sentencing Options for Sex Offenders (NSW), Use of Listening Devices in New South Wales, Arrests and Identification by Police (NSW), What Happens During a Police Interview? No. 1. 20 Bauer's act of gun ownership, in contrast, is not felonious or criminal. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. She has a lot of experience representing Defendants charged with Heavy Vehicle offences in both New South Wales and Queensland. In the context of criminal law, that question is for the legislature, and it has answered it. Done in three ways: 1. 114 Wn.2d 700, 705, 790 P.2d 160 (1990). Police, who have knowledge of the law, and specialised training, are in a distinctive advantage when interviewing an average person who has limited to no understanding of their legal rights. 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As corrected through Wednesday, December 1, 2021. The trial court agreed with the State and denied the motion to dismiss but then certified the matter to the Court of Appeals. Under that prong, a person is guilty of a crime if it is committed by the conduct of another when, [a]cting with the kind of culpability that is sufficient for the commission of the crime, he or she causes an innocent or irresponsible person to engage in such conduct. RCW 9A .08.020(2)(a) (emphasis added). If the factual elements of the tort are proved, determination of legal liability will be dependent on mixed considerations of logic, common sense, justice, policy, and precedent., Hartley, 103 Wn.2d at 779 (quoting King v. City of Seattle, 84 Wn.2d 239, 250, 525 P.2d 228 (1974) (citing 1 Thomas Atkins Street, Foundations of Legal Liability 100, 110 (1906))).6. at 1250. 25 Wn.2d 443, 171 P.2d 237 (1946). Ordinary Search: Police requiring you to remove your overcoat, coat, jacket or similar clothing, gloves, shoes or hat, and an examination of those items by police. Mid-hearing disclosure. (quoting Gmerek v. Rachlin, 390 So.2d 1230, 1231 (Fla.Dist.Ct.App.1980)). The jury would be able to consider all of the relevant circumstances, including the age and maturity of the child, the child's familiarity with firearms, and the precautions the firearm owner took or did not take to determine if the firearm owner's conduct amounts to criminal negligence. It involves a determination of whether liability should attach as a matter of law given the existence of cause in fact. Hartley v. State, 103 Wn.2d 768, 779, 698 P .2d 77 (1985). - Anything found after the exercise of will generally be ignored by the Courts It is always a good idea to get legal advice before making any decision to talk to police. Because there is no evidence of such knowledge in this case, the Court of Appeals held, the State could not seek to convict Bauer as an accomplice. The bullet struck TC's classmate, and it seriously injured her. By its plain language, the purpose of the statute is to impose liability when injury is caused by criminal negligence, not criminal intent or felonious action. 2BSAj\-#{3YLw~`nP5yN JKm``t`h````4:$:2:|B 2r@N v|P`m`c c`U*j 2 @K+ endstream endobj 664 0 obj <>/Metadata 37 0 R/Pages 661 0 R/StructTreeRoot 50 0 R/Type/Catalog/ViewerPreferences 681 0 R>> endobj 665 0 obj <>/MediaBox[0 0 595.32 841.92]/Parent 661 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 666 0 obj <>stream Sophie is a strong and assertive advocate and appears regularly on behalf of her clients in the Magistrates and District Courts in Queensland as well as in Local and District Courts in New South Wales. In Bronk v. Davenny, we held that liability could extend to a defendant who left a tractor operational and unguarded on his property, which was stolen by children who used it to cause damage to the plaintiff's property. The passenger then got in the driver's seat and crashed the bus, causing injuries. 3 On February 22, 2012, at about 1:30 p.m., the children at Armin Jahr Elementary School in Bremerton, Washington, were getting ready to go home for the day. 36 Second, there is a difference between caus[ing] a particular result and caus[ing] another actor to engage in conductand the latter is what RCW 9A.08.020(2)(a) requires. 28 Just as in McGrane, the firearm here was taken, without the owner's permission or knowledge, by a minor child and later used to cause serious harm. A suspicion may be based on hearsay material or materials which may be inadmissible in evidence. Id. Unsupervised, TC put one of Bauer's handguns into his backpack. TC's actions are not distinct from Bauer's carelessness for legal causation purposes. Commentators and courts recognize that criminal law and tort law serve different purposes and therefore have different principles of legal causation. 11. Arrest paper - The Measure of Last Resort - June 2011 - Criminal CPD . In part it is also an objective one, because there must also be reasonable grounds for the suspicion. Call our lawyers now or, have our lawyers call you. 21 Neither party has identified a Washington case upholding criminal liability on facts like the ones on which the Bauer prosecution is based. 3 Hyder v Commonwealth [2012] NSWCA 336 3 The Assessment of Reasonable Suspicion Is A Matter For Objective Determination by the Court 6 State of NSW v Randall [2017] NSWCA 88 6 2.2 THE SECOND REQUIREMENT - THE ARRESTING OFFICER MUST BELIEVE THAT IT IS "REASONABLY . Bauer moved to dismiss pretrial under State v. Knapstad,2 arguing that the facts did not support a third degree assault charge as a matter of law. Id. 4 min read State v. Roberts, supra; State v. 25 In Pratt v. Thomas, we reached the same conclusion regarding an accident involving a car stolen from a public parking lot. We acknowledge that this summary could be characterized as addressing cause in fact, legal cause, or both.9 The court did not distinguish between the two, and we had not yet decided Hartley, which clarified the two different kinds of causation. See State v. Montano, 169 Wn.2d 872, 876, 239 P.3d 360 (2010) (citing State v. Conte, 159 Wn.2d 797, 803, 154 P.3d 194 (2007)). Although causation in fact is the same in criminal and civil cases, legal causation is not. The court held, More is required than appears here to support a showing of proximate cause in a manslaughter case. For example, in State v. Leech, this court held that an arsonist caused the death of a fire fighter who responded to the arson fire, despite the fact that the fire fighter may have been negligent in his fire fighting. But it need not be. 16 Legal causation, however, is different. In that case, Ayers was a firearm vendor convicted of involuntary manslaughter for selling a gun to a minor. As the majority notes, no Washington appellate court has weighed in on the lawful extent of legal cause in the context of the third degree assault statute. A defendant can face liability for criminal negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur and his or her failure to be aware of such substantial risk constitutes a gross deviation from the standard of care that a reasonable person would exercise in the same situation. RCW 9A.08.010(1)(d). In Queensland, police are subject to the laws about corrupt conduct and police misconduct under theCrime and Corruption Act 2001. Available at http://jam a.jamanetwork.com/data/Journals/JAMA/4963/JOC32162.pdf. I believe that walking away from a drug detection dog does not necessarily give rise to the police forming a basis for a reasonable suspicion to search you. Strip Search: Police requiring you to remove all your clothing, and an examination of your body. [W]ith crimes, where the consequences of a determination of guilt are more drastic it is arguable that a closer relationship between the result achieved and that intended or hazarded should be required. 1 Wayne R. LaFave, Substantive Criminal Law 6.4(c), at 472 (2d ed.2003). Decided: July 17, 2014 Wayne Clark Fricke, Attorney at Law, Tacoma, WA, for Petitioner. now The officers then saw Rondo reach over and place something in the glove box of the vehicle. Copy Link. 2010 2023 Go To Court Pty Ltd. All rights reserved. Police said they had a reasonable suspicion because of the time and place, the fact that three men were in in the car, and a suggestion from police radio that it was a suspect vehicle that may be involved in offences. The gun discharged as TC was rummaging in his pack at the end of the day. But the language regarding new and independent forces is, under Washington case law, a part of the factual inquiry. On the basis of Streat v Bauer, Streat V Blanco to conduct a lawful vehicle stop the police officer needed to have formed a genuine suspicion in his own mind (subjective test) of which a reasonable person (objective test) armed with the same information as the officer would be of the same opinion. 160 Wn.App. It is needed when the police or another public officer wishes to search premises and do not otherwise have the power to enter, or if they are refused entry by the occupant or owner of the premises. McGUINESS, J. hbbd```b``6@$ I greatly appreciated this. For example, in Schooley v. Pinch's Deli Market, Inc., we held that, as a matter of policy, a vendor who sells alcohol to a minor may be the legal cause of injuries to a second minor who obtained the alcohol purchased by the first minor. This will result in a penalty notice issued against you, with a maximum fine of up to $220. The police officer is not allowed to ask you questions whilst the search is being conducted. What the majority believes to be the intervening actions and attenuating circumstances in this case are the natural and foreseeable consequences of the very danger that Bauer's careless actions created. WE CONCUR: MADSEN, C.J., C. JOHNSON, and OWENS, JJ., J.M. Have a prohibited drug or plant, in your possession or control. 5. The assault statute does not define the term cause. We therefore turn to the common law relating to the commission of crime and the punishment thereof to supplement that provision. 1 TC, a child, took a loaded gun from the home where his mother lived with her boyfriend, Douglas Bauer. Under Section 21 of the Law Enforcement (Powers and Responsibilities) Act 2002, police must suspect one or more of the following on reasonable grounds before they can search a person: The 2001 NSW Court of Criminal Appeal caseR v Rondois the leading authority on the meaning of reasonable suspicion. In this case, a 20-year-old man, Rondo was driving his mothers car. The Pennsylvania Supreme Court explained, in the context of felony murder: A closer causal connection between the felony and the killing than the proximate-cause[ 8] theory normally applicable to tort cases should be required because of the extreme penalty attaching to a conviction for felony murder and the difference between the underlying rationales of criminal and tort law. Queensland Bacon Pty Ltd v Rees [1966] HCA 21; 115 CLR 266; [1966] ALR 855. Like the majority, I do not believe Bauer's act of gun ownership or [h]is decision to keep loaded weapons around the house is in itself criminal. In order to do so you would need to show that police did not have a reasonable suspicion to justify searching you. 29 Bauer asserts that where injury is caused by a third party, the State may charge a person other than that third party with a crime only under the complicity statute and that the complicity statute does not reach Bauer's conduct. If you are over 10 but under 18 years of age, or if you are impaired intellectually, your parent or guardian must be present during the search, unless, the officer suspects on reasonable grounds that delaying the search is likely to result in evidence being concealed or destroyed, or an immediate search is necessary to protect the safety of a person. (1935) AC 462, 481. at 77. The sub-contract required Bauer to submit to Maeda, in relation to any claim for additional payment, a notice of the 'contractual basis' of the claim (the 'Notice'), together with full and detailed particulars and its evaluation of the claim, within 28 days of an initial notification. 2015 Airstream Eddie Bauer $80,000 Aston, Pennsylvania Available at http://ped iatrics.aappublications.Org/content/107/6/1247.full.pdf (subscription required). at 777. Using that same narrow interpretation here, we find evidence of such mens rea was lacking. It contained a gun. We therefore concluded that legal cause was lacking because Young went home, went to sleep, and became intoxicated before criminally causing the accident injuring plaintiff the day after the theft. Id. The whole CDLA team are highly recommend for anyone seeking legal advice and support. 94 Wn.App. 39 Douglas Bauer kept multiple loaded guns unsecured throughout his house. The two-member majority also held that the facts of the case did not preclude the State from seeking to convict Bauer under the complicity statute, RCW 9A.08.020. Bauer, 174 Wn.App. Meaning of Streat. AKA Clothing, Inc. v. Eddie Baer, Inc. ABBREVIATIONS; ANAGRAMS; BIOGRAPHIES; CALCULATORS; CONVERSIONS; DEFINITIONS; GRAMMAR; LITERATURE; LYRICS; PHRASES; According to TC, the weekend before the shooting, as he was leaving Bauer's house, he saw a gun on a bedroom dresser and swiped the gun into his backpack. CP at 116.3 TC explained that he took the gun because some classmates had told him they were going to have teenagers come and beat him up. Id. This is a useful case where police tried to rely on intel and were unsuccessful Note: to change the value of the intel you will need to request disclosure of the intel. Id. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The police must take all reasonable precautions to prevent the dog from touching the person. With the assumption of your innocence, it is up to the police to prove your guilt, beyond reasonable doubt. 40 The issue before us is a novel one. 8. 2.2.3. The Court of Appeals concluded that under those circumstances the county was not shielded from liability. 42 A different study, which measured the association of household firearm storage practices and the risk of unintentional and self-inflicted injuries associated with child or adolescent access to firearms in the home, also supports the conclusion that we should not preclude liability on legal causation grounds. The police in NSW can only arrest you where: NSW police are not allowed to arrest you unless, he/she holds a reasonable suspicion that arrest is necessary for any one of the following purposes: Police can detain you for up to 6 hours from the moment of your arrest. at 8081. Licensed health care practitioner means a physician, as defined in Section 1861 (r) (1) of the Social Security Act, a registered professional nurse, licensed social worker or other individual who meets requirements prescribed by the Secretary of the Treasury. Bauer is not related to TC and is not TC's guardian. When arrested, you have no obligation to talk or answer police questions. (NSW), Appeals Against Local Court Decisions (NSW), Changes to Criminal Procedure: Early Appropriate Guilty Pleas (NSW), Criminal Court Costs in New South Wales Proceedings, Pleading Not Guilty in the Local Court (NSW), Section 32 of the Mental Health Act (NSW), Administrative Review in New South Wales | Civil Lawyers NSW, Breach of Contract in New South Wales | Civil Litigation Lawyers, Consenting to a Medical Procedure in New South Wales, Debt Recovery in New South Wales | Civil Litigation Lawyers NSW, Defamation in New South Wales | Civil Lawyers NSW, Enforcing a Judgment in NSW | Civil Litigation Lawyers, Employment Law in New South Wales | Employment Lawyers NSW, Restraint of Trade Clauses in New South Wales | Civil Lawyers NSW, Unfair Dismissal in New South Wales | Employment Lawyers NSW, Working With Children Check in New South Wales, Workplace Discrimination in New South Wales, Bankrupt Deceased Estates in New South Wales | Civil Lawyers NSW, Four Mistakes To Avoid When Contesting A Will (NSW), Intestacy in NSW | Letters of Administration | Civil Lawyers NSW, Succession Act NSW: Where Theres a Will Theres a Way, What If I Am Not Named In The Will? If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area. This is because, the law generally prohibits evidence (under s. 138 evidence Act) being used against you, where that evidence was illegally obtained. Similar to Kim, two days passed between TC taking the gun from Bauer on Monday afternoon and the shooting at school on Wednesday afternoon. The police hold a reasonable suspicion you are, or have committed an offence, or breached your bail conditions; or, Police believe youre about to commit a breach of the peace; or, Prevent you from repeating or continuing an offence, or committing a further offence; or, Prevent the evidence from being concealed, lost or destroyed; or, Prevent interference with, or harassment of potential witnesses; or, Stop you from running away from police or location of the offence; or. The Court of Appeals ruled that the parents were not civilly liable for that result. 4. Decided: December 06, 2001 For Appellant: Jeremy S. Yellin, Attorney at Law, Fort Benton, MT. The following are limitations and rules that NSW police must comply with during a strip search, under s.32 and 33 of the Law Enforcement (Powers And Responsibilities) Act 2002 (NSW): 7. Sophie practices mostly in criminal law and traffic law and has experience in both Queensland and New South Wales. 59, 295 P.3d 1227 (2013). The State does not dispute the version of the facts set forth in the Knapstad motion. 10 Bauer sought discretionary review by this court, and we granted it. at 441. But that [t]his court has found no Washington case upholding liability where the accused did not actively participate in the immediate physical impetus of harm is not a compelling argument against whether the legislature intended to criminalize this sort of carelessness. 133 Wn.2d 15, 940 P.2d 1374 (1997). A sum of money and a quantity of cannabis were then seized from the vehicle and subsequently, Rondo was charged. 2. %PDF-1.7 % Search warrants are governed by individual state and territory legislation. But what exactly is a reasonable suspicion? Streat v Bauer; Streat v Blanco (unreported, Supreme Court, NSW, Smart J, Nos 13686, 13687 of 1996, 16 March 1998); Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266 at 303 per Kitto J; George v Rockett (1990) 170 CLR 104 at 115-116; 48 A Crim R 246 at 253-254 ; ; Armstrong (1989) 53 SASR 25 at 27; O'Hara v Chief Constable of Royal Ulster . Secondly, His Honour Justice Smart said in Streat v Bauer; Streat v Blanco (unreported, NSWSC, 16 March 1998) that robust insistence on ones rights does not constitute reasonable grounds for suspicion. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 741, 249 P.3d 680 (2011). 00-421. at 1248. 26 Likewise, in Kim v. Budget Rent A Car Systems, Inc., we held that causation was lacking where a car rental company left a car unlocked in its parking lot with keys in the ignition, the car was stolen, and the thief caused injuries in an accident the following day. Streat is a village and parish in the Lewes district of East Sussex, England, 3 miles (4.8 km) south-east of Burgess Hill and 5 miles (8.0 km) west of Lewes, within the South Downs National Park. We review a trial court's decision on a Knapstad motion de novo. Though this presumption may be removed, see id., and I do not seek to address the appropriateness of the liability imposed on TC, it is unsettling that TC, as a matter of law, will face more criminal culpability in this situation than Bauer. First, RCW 9A.08.020(2)(a) requires proof that the defendant acted with the same mens rea as that required for the crime. We have previously interpreted the words the crime in other subsections of the complicity statute very narrowly. Among the new forces were the stealing of the vehicle, the pursuit by the state patrol, the attempt by the thieves to run from the officers and, finally, the accident. See Lowman v. Wilbur, 178 Wn.2d 165, 172, 309 P.3d 387 (2013). Contact us. The below are 10 things you should be aware of, if ever faced with being approached by police at a music festival, in relation to drug possession. In Washington, unlike other jurisdictions, we call both of these elements together proximate cause. Id. 41 Given scientific research on the topic, it is clear the legislative purpose of RCW 9A.36.031(1)(d) would be best served by letting a jury decide whether a firearm owner is liable for an unintended shooting that is the result of a young child picking up a carelessly stored handgun. Bashir kept me updated all the time. (NSW), Kogarah Criminal Lawyers | Expert Criminal Solicitors, Surry Hills Criminal Lawyers | Criminal Litigation Lawyers, Sunbury Criminal Lawyers | Criminal Litigation Lawyers, Singleton Criminal Lawyers | Expert Criminal Solicitors, Domestic Violence and Court Processes (NSW), Tamworth Criminal Lawyers | Expert Criminal Solicitors, Applying for Bail in the Childrens Court of New South Wales (NSW). 35 The Court of Appeals's reasoning fails to take account of two things. A critical issue is whether the reason for the search was the reason the officer formed at the time of the search, as oppose to at the time of the hearing in court (in hindsight). On a later search of Rondos home, police located 215 grams of cannabis and 59 cannabis plants. See our recent blog on how to get a s10 for drug possession. A jury found Mr Rondo guilty ofsupplying a prohibited drugandcultivation of a prohibited plant. We therefore reverse the decision of the Court of Appeals. 2. "IJI$,%x7zovZv>=Euy|..~nJAPj\cgNIM8jnuEvr9VXAq9ggL(m%\xLk:Dl\=j|]6e,ZfX,Ti?0n%fl|YO8=-~NZ+ ~TG ,agp1NKaDh,(Z8EspBE.psiDm;K2(~FKw:`$6{e4\&UMn~>if]3VYorMvOU_Ei]0}.0]_.g~n8`rtpx W7}a?'XSnF2A dvv x92$=6) pe% \r**2]mx M~0njy+o3=(:^I'>zh|jHCN$u cU5kz!AgKxtb,=.XC \=gfo}bfeC7)_>1~zWG`]qGU)7=>w7u8 kSt? Br. Only the things known to the officer at the time he/she expertises his/her power. Note that this case discusses legal causation in the civil, not criminal, context. In addition, we noted that where other jurisdictions had found liability, most have not involved the type of attenuated facts present here. Id. This formed the basis for a reasonable suspicion for the officers to search Rondos car. Prong (2)(b) seems to refer the reader back to the language of the statute defining the substantive crime, which, in this case, we have already analyzed, above. It is not completely clear to what evidence of causation the Court of Appeals is referring to, but it appears to mean the evidence that Bauer left guns lying around.12. ii. 2.2.2. What Does Beyond a Reasonable Doubt Mean? This protection reflects the importance the law gives to our right to be free from the deprivation of liberty. CP at 142. Definition of Streat in the Definitions.net dictionary. As soon as the search is finished, you must be allowed to dress. Reporting Police Misconduct in South Australia. Firstly: It will allow the police officer to use such force as is reasonably necessary to conduct the search on you (under s. 230 Law Enforcement (Powers And Responsibilities) Act 2002 (NSW)). Rondo advised the officers that the car belonged to his mother. Id. 47 With these observations, I respectfully dissent. Bauer's Knapstad motion to dismiss was based on the factual summary provided in defense counsel's affidavit attached to the motion. Thus it seems likely that even if the charge had not been dismissed, the State would not have been able to show that Bauer was liable for TC's possession of a firearm under the complicity statute. 88559-1. reasonable suspicion involvesless than a reasonable belief but more than a possibility. State v. Bauer, 174 Wn.App. While it is not clear that the State will seek to instruct the jury under this section in this case, the facts of the case at this stage do not preclude it from doing so. 959Y-+)yDVg\ 2;-a The majority believes that because nine-year-old TC did not have permission to take the weapon and because two days elapsed between the taking and the subsequent shooting, Bauer's carelessness could not, as a matter of law, be the cause of the victim's serious injury. He also did a very thorough job of preparing (read full review), I would like to express my sincere gratitude to Alex Istifan and Jimmy Singh. The two men were in the vicinity and police believed had been in attendance at the Tank Nightclub which had a reputation among police as a well known establishment for drug users. The Court of Appeals found that the State could rely on both principal and complicity liability. The magistrate dismissed the charges, finding that none of these factors provided reasonable grounds for suspicion and therefore the police were not acting lawfully in the execution of their duty. He asserted that the shooting was accidental. Id. Since a third degree assault charge requires only a culpability of criminal negligence,11 the Court of Appeals reasoned that Bauer could be liable for TC's conduct if he caused that conduct: Here, the State has produced evidence that would support a jury's determination that Bauer caused TC's conduct. See RCW 9A.08 .020 (Liability for conduct of anotherComplicity (boldface omitted)). 9. Delivery nationwide negotiable. What Happens During Examination-in-Chief? If you believe that the police searched you without a reasonable suspicion then it may be possible to have any charges that resulted from the search dismissed. iii. This field is for validation purposes and should be left unchanged. This doesnt prohibit questions being conducted concerning issues of your personal safety relating to the search. Where the police suspects on reasonable grounds that the identity you provided is false (or your identity cannot be readily available), you may be arrested so that enquiries can be made to establish your identity. Hart & Tony Honore, Causation in the Law 35051 (2d ed.1985); see also Jerome Hall, General Principles of Criminal Law 25455 (2d ed.1960) (noting that causation in tort may be much broader than causation in criminal law).7. We now reverse the Court of Appeals. Secondly, His Honour Justice Smart said in Streat v Bauer; Streat v Blanco (unreported, NSWSC, 16 March 1998) that "robust insistence on one's rights does not constitute reasonable grounds for suspicion". 11 Under Knapstad, a defendant may move to dismiss a criminal charge on the ground that there are no disputed material facts and the undisputed facts do not establish a prima facie case of guilt as a matter of law. Morning of disclosure 3. For example, the language natural and continuous sequence of events which flowed from the act is similar to language often associated with legal, rather than factual, causation. 427, 43031, 157 P.3d 879 (2007). General rules for personal searches in Victoria Police have the power to search a person or their . A search warrant is a written authority allowing police to enter premises. It can also result in a criminal conviction, impacting on your future. The legislature probably intended cause to mean the same thing in the statute at issue here, RCW 9A.08.020(2)(a), that criminalizes caus [ing] an innocent or irresponsible person to engage in [illegal] conduct. But there is no evidence of any such interaction here that would permit a finding that Bauer caused TC to take a gun to school.
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