DLG Learning Center

Garrity: To Be or Not To Be – That is the Question

As I travel the country and work with different police departments, I am concerned with the inconsistency and the lack of knowledge of police management regarding use of Garrity in administrative investigations. I have learned that while investigators and management are aware of the practice of using Garrity warnings, as created by the case Garrity v. New Jersey, these warnings are misinterpreted and applied […]

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Electronic Control Devices – Where Are We Now?

By: Eric P. Daigle, Esq The utilization of Electronic Control Devices (“ECD”) has led to a windfall of litigation and court decisions which police departments must interpret to draft policies, conduct appropriate training, and implement the ECD into operation. A recent decision from the United States Court of Appeals for the Ninth Circuit, Mattos v. Agarano,[1] reinforced and clarified applicable standards regarding the permissible

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Duty to All, Duty to None

Steve Papenfuhs and Eric P. Daigle The Public Duty Doctrine provides that, “absent a special relationship between the governmental entity and the injured individual, the governmental entity will not be liable for injury to an individual… the governmental entity owes a duty to the public in general. The doctrine has been commonly described by the oxymoron, ‘duty to all, duty to none.’”[1] The concept

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Recording Police Officers – Just Say Cheese…

Police officers, like many citizens, are often camera-shy.[1] We all know that “Officers dislike being recorded in embarrassing situations and may be concerned that dissemination of their images may put them at risk of retaliation.”[2] Public perception is that officers are also accustomed “to substantial deference in the construction of official reports, and many would prefer to be in a position to draft their

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Exigent Circumstances – What is that?

By: Eric P. Daigle, Esq. On May 16, 2011, The United States Supreme Court clarified the standard for the “exigent circumstances” exception to the Fourth Amendment.[1] Specifically, the Court held that “the exigent circumstances rule applies when the police do not gain entry to premises by means of an actual or threatened violation of the Fourth Amendment.”[2] The Fourth Amendment establishes two requirements: (1)

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