[ORDER SOLUTION]  The Good Faith Exception

A police officer must have probable cause to arrest an individual or to secure a search warrant. A police officer or any reasonable person may believe that a crime has been committed; that the place to be searched is the crime scene and the area containing evidence of a crime; and that the property to be seized is contraband, stolen, or evidence of a crime committed.  The Fourth Amendment makes it clear that an affidavit submitted to a judge or magistrate when applying for a warrant for arrest and search and seizure identifies the facts confirming suspicion activities, supported by an Oath or affirmation (FindLaw,  n.d.).             The exclusionary rule applies to evidence gained from a warrantless search and seizure in violation of the Fourth Amendment.  However, it does not apply in civil cases.  Evidence found supporting a crime committed is not relevant in trials if it was gained through a warrantless or invalid warrant.  The courts adopted the exclusionary rule doctrine as a deterrence to misconduct by law enforcement and support of the Fourth Amendment rights.  See Mapp v Ohio (FindLaw,  n.d.).             There are several exceptions where the exclusionary rule does not apply.  The Good Faith Exception is when the police search reliance on a statute that is later invalidated, see Illinois v. Krull.   Evidence is relevant where the Court finds that the good-faith exception to the exclusionary rule applied when police employees erred in maintaining records in a warrant database. See, some courts can recognize herring v U.S. The Independent Source Doctrine, an exception to the exclusionary rule. A portion of the partially tainted warrant is upheld and admissible if the remaining untainted information establishes probable cause sufficient to justify its issuance. See State v. Boll.  The Inevitable Discovery Doctrine allows admission of evidence that was discovered in an unlawful search or seizure if it would have been found in the same condition anyway, by an independent line of investigation that was already being conducted when the illegal search or seizure occurred.  See Nix v. Williams.  Evidence Admissible for Impeachment is an exception where the exclusionary rule does not prevent the government from introducing illegally gathered evidence to impeach the credibility of the defendants’ testimony and to prevent perjury.  However, it may only use tainted evidence for impeachment, and may not use it to show guilt.  See Harris v. New York (LII, n.d.).             A stop and frisk occur when a police officer briefly stops (for investigative detention) an individual that is suspected of committing, or is about to commit a crime.  The suspect can be frisked, meaning that the police can give a quick pat-down of the suspect’s outer clothing in a search for weapons if believing that his safety, or that of others, is endangered.  It is an action in which the citizen isn’t necessarily accused of a crime but also isn’t free to leave, at least until the officer indicates otherwise. See Terry v Ohio.  An officer can arrest someone only with either a warrant or probable cause.  If investigative detention becomes an arrest, it will be declared unconstitutional under the Fourth Amendment without the presence of an order or probable cause (LII, n.d.). References FindLaw.   (n.d.).  Probable cause. http://criminal.findlaw.c.om/criminal-rights/probable-cause Legal Information Institute.  (n.d.).  Exclusionary rule.          http://www.law.cornell.edu/wex/exclusionary_rule Legal Information Institute.  (n.d.).  Stop and frisk             http://www.law.cornell.edu/wex/stop_and_frisk.   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 discussion 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 state law? Please discuss why in your response, providing a detailed analysis of how you reach your decision on the charge(s).  1. Did the police have probable cause to arrest Mayo? Yes, the police had probable cause to arrest Mayo.  As stated in the previous forum, there is no set standard to the amount of evidence needed, and in this case, the fact that Mayo was seen pulling a gun on and shooting/ killing Scowen is enough to make the arrest. 2. Did law enforcement violate Mayo’s constitutional rights? If yes, explain how. If not, explain why. Based on the details that we have been given in the case thus far, I do not believe that Mayo’s constitutional rights have been violated.  They had probable cause to make an arrest. The only thing I see that may be questionable is the fact that he didn’t have his Miranda rights read to him.  It doesn’t give a lot of detail to what happened after the killing, so we do not know if his rights were violated there or not. 3) Were the police required to read Mayo his Miranda rights? Discuss why. Technically, police officers are not required to read you your Miranda rights after you have been arrested if they do not intend to question you.  However, if you are arrested and placed in a police vehicle, and they wish to ask you about your involvement in a crime, they must read you your Miranda rights. If someone tells the police he or she does not want to speak to them without an attorney present, police must stop asking you questions. The police can continue to question, and lawyers can make a motion to “suppress any statements” that made to the police in violation of Miranda rights. This means the judge will decide if your Miranda rights “were violated.” If the judge finds that your Miranda rights were violated, the judge will likely prohibit the prosecutor from introducing into evidence in the prosecution’s case against you any statements you may have made to the police.

So much stress and so little time? Take care of yourself: let us help you with your task on
[ORDER SOLUTION]  The Good Faith Exception
Get a 15% Discount on this Paper
Order Now
GPA Fix: Online Essay Writing Service from Top Tutors
Save More. Score Better
Pages (550 words)
Approximate price: -

Why Hire a Professional Essay Writer from GPA Fix

Quality Urgent Essays

GPA Fix online platform provides the best essay writing service ever received elsewhere, thanks to our professional essay writers. Experience gained in the 10+ years of being in the assignment writing industry is also an added advantage.

Professional and Experienced Academic Writers

A lot is done to maintain us as the best essay writing service provider. Besides owning a degree from a recognized university, a writer must pass the rigorous tests we take them through before they are considered eligible to offer urgent essay help on our website.

Affordable Urgent Assignment Help

Who said a reliable website should not be cheap also? While it is human nature to associate prices with quality, that does not always work. At gpafix.com, we guarantee you cheap and urgent essay help without compromising the quality.

24/7 Available Urgent Essay Writing Service

Whether it is a ‘write my essay for me cheap’ or ‘edit my essay’ order you want to request, always feel free to reach us at any time of the day. Our experts work in shifts to ensure that you access urgent essay writing services at any time of the day.

Plagiarism Free Essays Online

The punitive measures that come with plagiarized content are so harsh, and we understand that. We consequently ensure to write each client’s papers from scratch no matter how urgent the essay is. To acknowledge borrowed content, our quick writer references and cites the work.

Wow Customer Support 24/7

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

We'll send you the first draft for approval by at
Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

So much stress and so little time? Take care of yourself: let us help you with your tasks. We offer all kinds of writing services.


Custom Essay Writing Services

No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.


Admission and Business Papers

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.


Editing and Proofreading

Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.


Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.