Did the police have probable cause to arrest Mayo? 2) Did law enforcement violate Mayo’s constitutional rights?
People of the State of Texas, Plaintiff
Scott Mayo, Defendant
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.
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.