Description
The following discussion comes from your week 3 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide. e box beside the forum entry in the gradebook.
The Fourth Amendment protects individuals against unreasonable searches of their property and persons. It also prevents law enforcement from making unlawful arrests/seizures. It requires that all searches be reasonable.
This forum asks you to examine the requirements for a search warrant and the exceptions to needing a warrant.
Please thoroughly discuss each of the following:
- Discuss when a search warrant is needed by law enforcement.
- Discus what law enforcement must demonstrate to a judge to have a search warrant issue.
- Discuss the various exceptions to the search warrant requirement. Please include examples of each in your response.
- ________________________________________________________________________________________________
- Using the facts provided to you in the week one discussion forum #2, answer the following questions : 1) Was the arrest of Mayo a legal arrest? Discuss why. Please include the components of a reasonable arrest and whether or not they were met with Mayo. 2) Did law enforcement need an arrest warrant prior to arresting Mayo? Discuss why. Make sure to support your thoughts. 3) Can law enforcement seize the broken beer bottle and the gun without a search warrant?
- 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, after 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. Based on the facts provided to you, if you are the prosecutor, what will you charge Mayo with using your own state law? Please discuss why in your response, providing a detailed analysis of how you reach your decision on the charge(s).
Explanation & Answer
Attached.
OUTLINE
Title
Name
Institutional Affiliation
Professor’s Name
Date
1
FOURTH AMENDMENT
1
Search Warrant
Name
Institutional Affiliation
Date
FOURTH AMENDMENT
2
FOURTH AMENDMENT
A search warrant is an order from a judge that permits the police officers to search for a
specific item or object in a particular location. A search warrant is needed by law enforcement
when they consider a place to be of criminal activities or when they feel that a site is a crime
scene, and so they need to collect evidence from the scene. The police must provide an affidavit
that convinces the magistrate of a probable cause that requires them to search. The search
warrant is required for a Fourth Amendment search. The authority should not conduct
unreasonable searches. The fourth amendment requires the respect of human rights towards their
property (Hawkins, D. 2018).
Law enforcement must show a probable cause to be issued with a search warrant. It is a
way to provide satisfactory proof that the search is justified. The law enforcement must support
the probable cause with an affidavit that convinces the magistrate of the need to conduct a
search. The affidavit must specify the place of search and the particular item that requires the
search. Inadequate proof and accurate information in the affida...
Review
Review
