Legal Update

Casual Miranda Rights – Eighth Circuit

In today’s case out of the Eighth Circuit Court of Appeals we encounter two known drug users and Miranda rights. As a reminder, you are required to provide Miranda warnings when conducting a “custodial interrogation”. A person is in “custody” for Miranda, purposes, when there is a formal arrest, or you are restraining the person’s freedom of movement to the degree associated with a formal arrest. To determine whether a person was in custody, the court […]

Casual Miranda Rights – Eighth Circuit Continue Reading

SCOTUS: Borden v. United States

On June 10, 2021, the United States Supreme Court (SCOTUS), in Borden v. United States, examined whether, under the Armed Career Criminal Act (ACCA), 18 U.S. §924(e), crimes involving recklessness constitute “violent felonies” for sentence enhancement purposes. A fractured court ruled that it does not. Facts This case involved a provision of ACCA that imposed a 15-year minimum on anyone convicted of being a

SCOTUS: Borden v. United States Continue Reading

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,

Guardian Mindset – Weekly Recap Continue Reading

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

Legal Update: United States v. Cooley Continue Reading

Police-Press Relations: The Easy Way or the Hard Way?

Mickey H. Osterreicher, General Counsel, National Press Photographers Association, Reserve Deputy, Erie County Sheriff’s Office, New York “This is my job. This is my job. . . . I’m just doing my job. . . . I was sent here. . . . I’m a journalist.”1 This refrain was not enough to keep journalist Andrea Sahouri from being pepper-sprayed and arrested while covering a protest.

Police-Press Relations: The Easy Way or the Hard Way? Continue Reading

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

SCOTUS: “There’s No Place Like Home” Continue Reading

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. 

Continued Detention After Finding of No PC – Eleventh Circuit Continue Reading

UOF Following a Pursuit and Plaintiff Safety – Third Circuit

Our case today comes to us from the Third Circuit and involves both qualified immunity and alleged excessive force. The facts of this case get a little hectic and in order to fully understand the court’s decision it is important to review how an officer is entitled to qualified immunity. When deciding if an officer is entitled to qualified immunity the officer’s actions must not violate a

UOF Following a Pursuit and Plaintiff Safety – Third Circuit Continue Reading

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. 

Protective Sweep/Exigent Circumstances  Continue Reading

Generate POST Form

Thank you for your commitment to professional growth and your dedication to staying up to date with the latest in policy and police practices. Click the button below to access our POSTC-50 Review Training Credit Form generator.
Generate Credit Form
For assistance, please email help@dlglearningcenter.com or contact support.