Legal Process David

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Did the police have probable cause to arrest Mayo?

Yes, based on the information given, police had enough probable cause to place Mayo under arrest. Just as was stated in forum one, the information that the arresting officer had would lead a reasonable and prudent man to believe a crime had taken place.  Between the witness statements that matched the evidence found on scene, a reasonable man would believe that Mayo shot and killed Scowen.

Did law enforcement violate Mayo's constitutional rights? If yes, explain how. If not, explain why.

With the information provided, Mayo’s rights were no violated. Just because he was not read Miranda at the time of arrest, doesn’t mean his rights weren’t violated.

Were the police required to read Mayo his Miranda rights? Discuss why.

Miranda is required to be read to a detainee once lawfully detained or arrested but prior to interview. Miranda is not required based off the arrest alone. I would lawfully arrest 100 people and never read them their Miranda and would be completely fine. A suspect can make statements that can be used against them in court without Miranda as long as an officer didn’t elicit the response. The statement is called a Res Gestae statement.


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