Legal Update

SCOTUS: Qualified Immunity

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 […]

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A Refresher on Tasers – Tenth Circuit

In Emmett v. Armstrong, we travel over to the Tenth Circuit to examine a taser and UOF case. This case is from 2020, but raises some important use of force topics regarding tasers and qualified immunity.  To begin, a review of Electronic Control Weapon guidelines from IACP. According to the IACP, the ECW is authorized to be used:   to protect the officer or others from reasonably perceived immediate threat of physical

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If you have to Google it, it isn’t Probable Cause

In our review of the United States v. Arredondo, 996 F.3d 903 (8th Cir. 2021) we discuss the plain view exception. The plain view exception authorizes an officer to seize an object without a warrant if: (1) the officer lawfully arrived at the location from which he or she views the object; (2) the object’s “incriminating character” is “immediately apparent”; and (3) “the officer has a

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Guardian Mindset – Law Enforcement Podcast

We are pleased to share with you the Guardian Mindset podcast! In each episode, Attorney Eric Daigle discusses how the Guardian Mindset impacts and improves the principles that drive public safety. The Guardian Mindset was developed to educate and help improve law enforcement, corrections, fire, and EMS services. We hope you will join us and our amazing guests explore a wide range of public

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Traffic Stop Turned Drug Bust – Fourth Circuit

In United States v. Davis, 997 F.3d 191 (4th Cir. 2021) the 4th Circuit examines a routine traffic stop that turns into a chase. That chase eventually ends with several illegal possessions getting scooped up and a Fourth Amendment appeal about how the evidence was obtained. The 4th Circuit cites multiple SCOTUS cases in their argument, including Chimel v. California, New York v. Belton and Arizona v. Gant.   In Chimel v. California, SCOTUS held that

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Legal Update: United States v. Jones

Today, we review the use of the ShotSpotter gunshot detection system and a Terry stop. ShotSpotter is “a surveillance network of GPS-enabled acoustic sensors” that “use[s] sophisticated microphones to record gunshots in a specific area.” In today’s case, the use of ShotSpotter helped officers pinpoint their suspect which then led to the Terry stop. Under Terry v. Ohio, the Supreme Court held that officers may stop a citizen if

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“They Posted WHAT!?”: Policing the Police on Social Media

In a previous article, “They Said WHAT!?”: A Primer on Public Employee Freedom of Speech, discussed the basics of public employee free speech under the First Amendment.  This article will address the issue of how agencies may restrict employees from posting certain content on social media consistent with the First Amendment. The Test As a reminder, in the previous article mentioned above, we discussed the following

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Mental Health, Qualified Immunity and the Luxury of Time

Today’s update focuses on a fatal use of force incident out of the 5th Circuit. Our case will review a few hot topics, including qualified immunity, mental health and use of force. To help further understand the court’s decision we have also included a link to the full video from the dashboard camera that the 5th Circuit Court of appeals strongly leaned on when deciding the outcome of

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