REPLY TO THS 150 WORDS
s this a valid confession made by Mayo? Discuss why
Yes, this is a valid confession that was made by Mayo and this is why, in my opinion, when he arrived at the police station he initiated conversation with the police officer in kind, to make a statement, which at that point, was Mirandized and aloud to make the written statement.
What will the court look at to determine if this confession will be admitted into evidence at trial?
The court will look at several aspects of this situation. Among some of the common circumstances, which courts take into consideration in determining whether there was any coercive action on the part of the law enforcement officer that caused Mayo to confess. Mayo’s interaction, according to the law enforcement officers arrest report, was “The Suspect was standing behind the bar. There was a .38 revolver lying on the bar counter in close proximity to the suspect (Incident to Arrest exception) would apply, no search warrant required. Suspect said, “that is the gun I used.” I placed the gun in an envelope and sealed it as evidence. It was logged in at the police department. Suspect said, “I am sorry. I was angry, but he deserved it”. Suspect was placed under arrest.” There was no interaction or custodial interrogation conducted on scene as the probable cause for the arrest was established by Mayo’s voluntary statement to the law enforcement officer. The court will look at the location of the questioning in a familiar place or unfamiliar place to the individual being questioned. Since he was not questioned it was mute. Mayo was the initiator of the conversation with the officer and there was Miranda warnings given at the station where, according to the officer, when Mayo wanted to make a voluntary written statement. There was no interrogation conducted by law enforcement officer, as Mayo made a voluntary statement. There was no custodial situation as the law enforcement officer arrested Mayo as soon as he established probable cause, based on voluntary statement by Mayo at the scene. To my knowledge Mayo was not denied access to counsel after he was Mirandized and made a voluntary statement.
Did the officer conduct an illegal interrogation of Mayo? Discuss why.
No, the officer did not conduct an illegal interrogation of Mayo and this is why, in my opinion, May initiated the request to the law enforcement officer to make a statement, which at that point he was Mirandized and made a written statement of his version of the interaction with Scowen over money owed.