The Fourth Amendment sets limitations to stop and frisk and arrests. It also affords individuals to be protected against unreasonable searches and seizures. This discussion asks you to examine probable cause and illegal searches and seizures.
Ddiscuss each of the following:
A police officer must have probable cause to arrest an individual. How much probable cause is needed to secure an arrest or search warrant? What is the difference between a stop, a frisk, and an arrest?
What is the exclusionary rule? Discuss the exceptions to the exclusionary rule.
Part II
PEOPLE OF THE STATE OF TEXAS, Plaintiff
VS.
Scott Mayo, Defendant
TYPE OF CASE-Criminal
SUMMARY OF FACTS
Scott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and afterwards, Scowen picked up a beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, "I am going to kill you," and what he believed was imminent danger from Scowen.
Mayo was placed under arrest. He was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe "the fireman", who was outside and saw some of the action through the window while sitting on the patio.
Using the facts provided to you in the Week One discussion, answer the following questions:
1) Did the police have probable cause to arrest Mayo?
2) Did law enforcement violate Mayo's constitutional rights? If yes, explain how. If not, explain why.
3) Were the police required to read Mayo his Miranda Rights? Discuss why
Full Answer Section
Stop, Frisk, and Arrest
- Stop: A stop is a brief detention of an individual for investigative purposes. A stop is less intrusive than an arrest and requires a lower level of suspicion, typically reasonable suspicion.
- Frisk: A frisk is a pat-down of an individual's outer clothing to search for weapons. A frisk can be conducted incident to a lawful stop if the officer has reasonable suspicion that the individual is armed and dangerous.
- Arrest: An arrest is a more significant seizure of an individual that involves taking them into custody. An arrest requires probable cause to believe that the individual has committed a crime.
The Exclusionary Rule
The exclusionary rule is a legal doctrine that prohibits the introduction of evidence obtained illegally, such as through an unlawful search or seizure. The purpose of the exclusionary rule is to deter law enforcement misconduct and protect individuals' constitutional rights.
Exceptions to the Exclusionary Rule:
- Good Faith Exception: If an officer conducts a search or seizure based on a warrant that is later found to be invalid, the evidence obtained may still be admissible if the officer acted in good faith and reasonably believed the warrant was valid.
- Inevitable Discovery: If the evidence would have been discovered through lawful means regardless of the illegal search or seizure, it may be admissible.
- Attenuation of the Taint: If the connection between the illegal search or seizure and the evidence is sufficiently attenuated, the evidence may be admissible.
Analyzing the Case of Scott Mayo
- Probable Cause for Arrest
Based on the facts provided, it appears that the police had probable cause to arrest Mayo. The witness statements indicating that Mayo had gotten into an argument with Scowen, that Scowen was threatening, and that Mayo had fired a gun at Scowen provide a reasonable basis for believing that Mayo had committed the crime of murder.
- Violation of Constitutional Rights
The police violated Mayo's constitutional rights by failing to read him his Miranda rights before questioning him. The Fifth Amendment to the U.S. Constitution protects individuals from self-incrimination and requires law enforcement to inform them of their right to remain silent and their right to an attorney.
- Miranda Rights
The police were required to read Mayo his Miranda rights because he was in custody and being interrogated. The Miranda warning is a procedural safeguard that ensures that individuals are aware of their rights and can make informed decisions about whether to cooperate with law enforcement.