United States v. Thompson deals with a protective sweep surrounding a potential threat to officers. Because of some suspicious activity officers believed that an ambush could take place if they did not fully search where the suspect was staying. While performing the sweep officers uncovered evidence that would help their case. In Maryland v. Buie, the Supreme Court held that police officers may conduct […]
Protective Sweeps and Wall Scuffs Continue Reading
Walker v. Donahoe deals with a sensitive topic, suspicious activity surrounding a past school shooting. Of course, when we have a tragedy hit our community it puts us on even higher alert to make sure it never happens again. Some of the surrounding circumstances around today’s incident include the area where the suspect was walking and the date, February 14, 2018, which was very close
911 Call and “Something More” Continue Reading
United States v. Sanders, 2021 U.S. App. LEXIS 21065 (8th Cir. IA July 16, 2021) United States v. Sanders touches on an example of exigent circumstances. As a refresher, exigent circumstances exist in general terms when “there is a compelling need for official action and no time to secure a warrant.”i Typically, exigent circumstances exist if, absent immediate official action, “the accused would be able
Exigent Circumstances Continue Reading
United States v. Simmermaker, out of the Eighth Circuit, brings new meaning to guilty by association. You may think that going over to a friend’s house and keeping your items locked up in security lockbox makes them private, but if your friend happens to be a known drug dealer, you would be wrong. Before we get to the rundown of this case, some notes on warrants: There are
Wrong Couch, Wrong Time – Eighth Circuit Continue Reading
The death of Eric Garner in July of 2014 in New York City marked the beginning of a constant focus on police use of force against communities of color. Garner’s death started the “I can’t breathe” movement, which continues today. In August of 2014, Michael Brown was killed in Ferguson, Missouri, resulting in Black Lives Matter, launching Campaign Zero. Since Ferguson, the saturation and
Finding a Way Forward – Taking Back Responsibility in Law Enforcement Continue Reading
Today’s case out of the 8th Circuit examines the automobile exception. According to this search rule, police may conduct a warrantless on-the-scene search of a motor vehicle based on probable cause to believe that it contains contraband or evidence of a crime. The scope of the search is defined by the nature of probable cause and includes any and all places and containers in
The Automobile Exception & Mobility – Eighth Circuit Continue Reading
In the second of two SCOTUS opinions released on the subject of qualified immunity, the Court overturned a 10th Circuit Court of Appeals decision. The Tenth Circuit Court relied on case law that “allows an officer to be held liable for a shooting that itself is objectively reasonable if the officer’s reckless or deliberate conduct created a situation requiring deadly force.1” SCOTUS emphatically stated,
SCOTUS: Qualified Immunity, Continued Continue Reading
On October 18, 2021, the United States Supreme Court issued two per curiam decisions on the topic of qualified immunity. Per curiam (“by the court”) opinions refer to a decision made on behalf of the entire court without a particular judge or justice’s name attached to the opinion. These decisions tend to be short and to the point, as they usually concern issues that the court does not consider to be controversial or require extensive debate. It
SCOTUS: Qualified Immunity Continue Reading
In Jackson v. Gautreaux, we see an officer put in harm’s way while handling a mentally ill suspect. Mental health has become a very prominent topic in our society today and at times officers are put in a position where a mentally ill person tries to push for suicide-by-cop. The aggressive and violent nature of today’s case pushes a Lieutenant to defend himself with
Suicide-by-Cop, Fatal Use of Force Situation Continue Reading
Attorney Eric Daigle sits down with fellow instructor and friend Paul Butler to explore approaches to leadership and the key elements of team building. Paul is a renowned speaker who draws from his 27 year career as a law enforcement professional to provide unique experience and perspective on attitude empowerment, service, and what it means to be a leader. Paul Butler will also be
Guardian Mindset Podcast: Team Building and Leadership with Paul Butler Continue Reading