Daigle Law Group

Daigle Law Group

Weekly Roundup – March 26, 2021

Recap important news, information, and what you may have missed this week. Supreme Court Considers Limits Of Tribal Police Authority (USA Today) The Supreme Court on Tuesday wrestled with a dispute over when Native American police officers may detain non-Native suspects, delving into thorny issues of tribal sovereignty that have vexed the federal government for generations. A ‘serious conversation’: Lawmakers take another try at […]

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Pole Camera – Sixth Circuit

It’s safe to say that in our modern world no matter where you are you are being recorded in one way or another. One of the ways that we can be recorded in our day-to-day lives is through a pole camera. In today’s legal update we will look at a recent case out of the 6th Circuit dealing with the use of surveillance cameras

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8th Circuit – Cell Phone Search – United States v. Suellentrop

It should come as no surprise to any of you that a citizen’s protection against unreasonable searches under the 4th Amendment extends to his or her cell phone. Over 5 years ago in Riley v California, the US Supreme Court determined that the modern cell phone “has several interrelated consequences for privacy”. As you probably remember, in the Riley case officers searched information on Riley’s cell phone during

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Circuit Courts of Appeals – December 2020

First Circuit United States v. Simpkins, 978 F.3d 1 (1st Cir. 2020) Based on information provided by a credible informant, the Maine State Police established probable cause that the defendant, Rob Simpkins, was transporting controlled substances into the state. Once within their jurisdiction, the officers conducted a high-risk traffic stop, in part, because they learned from an August 2017 “mental wellness check” that the

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Use of Force Failure to Intervene – Eleventh Circuit

Today we head to the 11th Circuit which covers the states of Alabama, Georgia and Florida to talk about issues that are currently faced by police departments across the country. These issues include appropriate applications of force, Qualified Immunity and Bystander Liability, also known as the Failure to Intervene.  Before we look at the facts and the court decision in this case let me just make a

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Use of Force: Officer Involved Shooting – Goffin v. Ashcraft

Today’s article will discuss a case that focuses on an Officer-Involved-Shooting in Warren, Arkansas and deals with the shooting of a suspect who, unbeknownst to the officer, was not in possession of a handgun at the time he was shot.  Under these circumstances was the officer entitled to Qualified Immunity? As we navigate through this difficult time, I know that I am preaching to the

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Circuit Court of Appeals – September 2020

First Circuit United States v. Del-Rosario-Acosta, 968 F.3d 123 (1st Cir. 2020)   Three Puerto Rico Police Department officers responded to a call from a gas station reporting an armed person on the premises.  When the officers arrived, they encountered a crowd of people.  After the officers ordered the crowd to disperse, they saw Rafael Del Rosario-Acosta (the defendant) walk to a nearby parked car.  The defendant got

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Deadly Force Pursuit & Qualified Immunity: Monzon v. City of Murrieta

As we navigate through this difficult time, we know that one of our basic liability protections, qualified immunity, is under siege on all fronts, at both the state and federal levels (for more on Qualified Immunity see Parts One, Two, and Three from our three part Qualified Immunity Series).  Interestingly, today’s case upholds the protections afforded by Qualified Immunity and comes from, of all places, the 9th Circuit!

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What Not to Do: UOF Training 101

There are a lot of conversations across the globe today regarding UOF in the US. And one thing that we can all agree on is that police officers making a joke out of training, especially in the area of use of force, is not a good place to start. Today’s article focuses on a recent case, Wright vs. City of Euclid[i]. To start things off, here’s

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