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Tyler, a well-known escort service provider in his community, is suspected of the murder of an escort who worked for him. The local police meet Tyler at the airport when he arrives from a trip to Cancun. He is arrested for his suspected connection to the murder of the escort. The police do not inform Tyler of his right to remain silent or his right to counsel. They immediately begin to interrogate him. They continue to question him until he admits that he knew the prostitute and that she worked for him. He also admits that he was with her the night of the alleged murder. Tyler is transported to the local jail and booked. The prosecutor files charges of first degree murder against Tyler. Tyler does not waive his rights to a speedy trial. He asks that an attorney be appointed and demands a trial by jury.
Write a 1–2 page paper in which you:
Examine the constitutional amendment or amendments that would relate to this situation.
Identify and discuss four elements of arrest.
Describe the appropriate procedures to comply with Tyler’s rights to due process.
Examine any consequences that might occur if his right to due process is violated.
Use at least two sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment.
The constitutional amendment or amendments that would relate to this situation include the Fourth Amendment, which protects citizens from unreasonable searches and seizures; the Fifth Amendment, which sets out a citizen’s right against self-incrimination; and the Sixth Amendment, which guarantees the right to counsel.
Four elements of arrest are: (1) legal authority; (2) probable cause; (3) reasonable force; and (4) notification of rights. Legal authority requires officers to have a warrant or other appropriate legal justification for an arrest. Probable cause means that officers must reasonably believe that an individual has committed a crime based on facts established by investigation or knowledge of circumstances surrounding a particular situation. Reasonable force should be used when making an arrest. Officers must use no more physical force than is necessary in any given situation and should strive to keep physical confrontations with suspects at a minimum whenever possible. Notification of rights requires that upon being arrested, individuals must be informed of their Miranda rights – including the right to remain silent and the right not to answer questions without legal representation present.
The appropriate procedures for Tyler’s due process require officers comply with all applicable laws regarding arrests as well as informing him of his Miranda rights prior to questioning him about anything related to his case. He also needs access to competent counsel during any interrogation in order for it not be considered coerced confession under duress. Additionally, if he waives his right for trial by jury then officers will need make sure he understands what he is giving up before doing so as well as provide additional forms confirming such waiver in written form signed by Tyler himself for court records.
Consequences that might occur if Tyler’s right to due process is violated could include suppression of evidence obtained through illegal search/seizure or interrogation conducted without proper notification of Miranda rights, leading dismissal from criminal charges altogether depending on severity/importance discrepancy between illegally obtained evidence vs remaining admissible evidence presented during trial proceedings against him . Additional consequences could include civil litigation brought against the arresting agency in question seeking compensation damages caused by actions violating due process guidelines outlined by US constitution enumerated in fourth , fifth and sixth amendments among others .
Sources:
– https://www.lawcornerlegalbloggersnetworkllc-blogsiteofclaudiaromeroalonsoesq..wordpresscom/2020/09/18/what-is-the-procedure-after-an-arrest/.
– https://www.lawyershopingoutcom/resources_mirandarightshtml