This episode of the Guardian Mindset Podcast with Attorney Eric Daigle breaks down the Supreme Court’s Case v. Montana decision and what it means for welfare checks, mental health calls, and warrantless entry into a home. Learn when officers can act without a warrant and how to apply the emergency aid exception the right way. Weekly Legal Updates with Path of the Guardian: Request […]
The Fourth Amendment draws its sharpest line at the front door of a home, but that line is often blurred as modern policing increasingly intersects with mental health crisis response and the need to render emergency aid. Weekly Legal Updates with Path of the Guardian: Request a Free Demo On January 14, 2026, the Supreme Court of the United States addressed this intersection in Case v. Montana,
SCOTUS Affirms Standard for Emergency-Aid Entry into the Home in Case v. Montana Continue Reading
The United States Court of Appeals for the Sixth Circuit recently released a decision in United States v. Radaker-Carter, a case that considers suggestiveness regarding reliability and admissibility of police identification procedures. This case highlights that evidence identifying someone as a suspect usually cannot be thrown out on the grounds that a witness saw a picture from a friend before a police lineup, unless the
The United States Court of Appeals for the Eighth Circuit recently released a ruling for Kampas v. City of St. Louis, Missouri. This case stems from a 2017 acquittal where a former St. Louis Police Department officer was acquitted of the first-degree murder of Anthony Lamar Smith, an African American man. This led to protests breaking out across the city from September through October.
For years, “positional asphyxia” has been the buzzword. However, the data is shifting. This conversation pivots toward metabolic acidosis, which is a physiological crisis that occurs when the body’s chemistry turns toxic during a prolonged struggle.
Understanding the Risks and Realities of Prone Restraint Deaths Continue Reading
In a recent case, the United States Court of Appeals for the Ninth Circuit released a decision in United States v. Watson, a case that highlights a parolee’s rights during law enforcement investigations and considers the boundaries of compelled statements under the Fifth Amendment. Summary of the Facts In May 2022, Federal Drug Administration agents and the Nampa Police Department began investigating Tyler Jay
The United States Court of Appeals for the Eleventh Circuit recently rendered an opinion in United States v. Tovar, a case that deals with human trafficking charges and considers whether the use of a cell phone or the Internet is sufficient to satisfy a federal statute’s interstate commerce element. Summary of Facts In 2022, federal agents in Florida conducted an undercover operation to target
The United States Court of Appeals for the Fifth Circuit recently decided United States v. Wilson, a case highlighting that law enforcement cannot stop citizens solely for carrying a firearm unless justified by reasonable suspicion based on the totality of the circumstances, such as connections to criminal activity. Summary of Facts This incident stems from an investigation regarding the whereabouts of Malik Fernandez, a
Weapons, Warrants, and the Fourth: Wilson Clarifies Terry Stop Limits Continue Reading
The United States Court of Appeals for the Tenth Circuit recently released an opinion in United States v. Ulibarri, a case that highlights Fourth Amendment issues regarding the validity of traffic stops based on reasonable suspicion, vehicle impoundments when there are mixed motives, and inventory searches. Summary of Facts In May 2021, Officer Lucas Perez and Officer Elsman of the Albuquerque Police Department heard a
The concept of Officer Created Jeopardy is increasingly influencing how courts, litigators, and law enforcement agencies analyze use-of-force incidents. This framework emphasizes accountability for officer actions and decisions leading up to a use-of-force event, rather than focusing solely on the moment force is applied. As reflected in recent legal discussions and case law, agencies must ensure that training, policy, and practice align with evolving judicial expectations regarding officer
Podcast: Officer Created Jeopardy in Use-of-Force Analysis Continue Reading