Eric Daigle, Esq.

Principal at Daigle Law Group

Guardian Mindset – Weekly Recap

Welcome to the Guardian Mindset weekly recap from Daigle Law Group. These updates will help provide open and transparent information you can review and share with your agency. We believe Knowledge is Power and that we must find the most efficient ways to bring you education in the path to developing the Guardian Mindset. Recommended Viewing Recommended Reading Catch up on the latest legal updates, breaking news, […]

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Legal Update: United States v. Cooley

United States v. Cooley, 593 U.S. _____ (2021)  On June 1, 2021, the United States Supreme Court (SCOTUS), in United States v. Cooley, examined the scope of American Indian tribes’ sovereign powers. In its first major opinion on the topic in decades, SCOTUS unanimously held that an Indian tribe’s police officer has the authority to temporarily detain and search a non-Indian suspected of breaking federal or state law within reservations.   FACTS  The defendant, Joshua

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SCOTUS: “There’s No Place Like Home”

On May 17, 2021, the United States Supreme Court (SCOTUS), in Caniglia v. Strom, examined whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home as it does in the motor vehicle context.  SCOTUS unanimously held that it did not.   Facts  During an argument with his wife at their home, Edward Caniglia retrieved a handgun from the bedroom, put it

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Continued Detention After Finding of No PC – Eleventh Circuit

Today, we will head to the Sunshine State to review a case involving an OUI stop, and arrest followed by an eight-hour detention. The problem in this case arises shortly after the arrestee, Seana Barnett, arrived at the booking facility and blew a .00. This case took a circuitous path from the initial stop on March 15, 2014 to the final 11th Circuit ruling issued on April 15, 2020. And, believe it or not, the case was still not over. 

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Protective Sweep/Exigent Circumstances 

Today’s case is both entertaining and enlightening. You know that saying, “You can’t make this stuff up”?  Well today’s case has some of that “stuff”.  There are of course some learning points as well in this case that are worth reviewing.   We have discussed protective sweeps in prior updates and the ability to conduct a warrantless search of a home based on exigent circumstances.  Of course, each of these exceptions to the 4th Amendment warrant requirements comes with limitations. 

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United States v. Brinkley, “Knock and Talk without Probable Cause”

Our case today comes from the Fourth Circuit. In February 2017, a federal-state task force in Charlotte, North Carolina pursued outstanding arrest warrants. Among the targets was Kendrick Brinkley, who had an outstanding arrest warrant for unlawfully possessing a firearm as a convicted felon. An ATF agent and Detective on the taskforce found Brinkley after extensive research into his addresses. Where things start to fall apart, however,

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MCCA Protest Report Summary

Without question, 2020 was a year that brought more protests than any other year in our recent history. So, what does the rise in protests mean for law enforcement moving forward? In October of 2020, the MCCA, an organization made up police executives from seventy-eight of the largest police agencies across the US and Canada, released a report that documents protests that took place in major cities across North America. Because we

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Circuit Courts of Appeals – February 2021

The following federal circuit court case summaries are provided by The Legal Training Division of the Federal Law Enforcement Training Centers’ Office of Chief Counsel (https://www.fletc.gov/informer). The Informer is published monthly and includes federal circuit court and Supreme Court case summaries covering a variety of topics of interest for law enforcement officers. First Circuit United States v. Mumme, 985 F.3d 25 (1st Cir. 2021)

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SCOTUS: “Hot” Pursuits

In Lange v. California, a case argued before the Supreme Court of the United States on February 24, 2021, the Supreme Court weighed in on how much protection the Fourth Amendment gives to those suspected of a minor crime once they enter their home. To give some perspective on the topic, police do not need a warrant when a fleeing felon is found in their home.

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Expectation of Privacy – United States v. Sawyer

Our legal update today will focus on the 7th Circuit Court of Appeals, covering those jurisdictions in Illinois, Indiana, and Wisconsin.  Today’s case looks at the question of whether a suspect has a legitimate expectation of privacy in his backpack when it is found at the scene of an active burglary.  For some of you that may have been around the block for a while, you may recall that at one

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Author: Attorney Eric Daigle

Attorney Daigle focuses on evaluating and providing policy and training on areas of increased liability for departments across the country. Attorney Daigle’s keynote focuses on understanding current trends in legal standards, operational standards, and community concern. More importantly, the intersection between these topics to provide departments evaluation and recommendations to move forward.
This publication is produced to provide general information on the topic presented. It is distributed with the understanding that the publisher (Daigle Law Group, LLC) is not engaged in rendering legal or professional services. Although this publication is prepared by professionals, it should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.

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