Legal Update

Show-up, ID – Eighth Circuit

Eyewitness identification practices have come under a great deal of scrutiny as we have come to learn that improper eyewitness IDs are one of the major reasons for bad convictions across the country. Bad convictions have become such an issue that organizations like the Innocence Project have had to step in help fight these injustices. The Innocence Project is a private non-profit organization that investigates claims of […]

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Path of the Guardian – Online Police Training Program

Path of the Guardian was developed to help protect law enforcement officers. New videos are distributed weekly providing training on policy and police practice issues. Daigle Law Group and its Consultants developed this video program to help protect the Guardian by developing the Guardian mindset. Weekly videos are 5-10 minutes in length and focus on important policy and police practice issues developing across the

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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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SCOTUS: Tanzin v. Tanvir

The First Amendment and the Religious Freedom Restoration Act  Today’s legal update focuses on a case out of the Second Circuit that ended up facing the Supreme Court. In today’s case we encounter both the Religious Freedom Restoration Act, or RFRA and how congress and SCOTUS view compensation when dealing with an action against the RFRA. SCOTUS’s opinion ultimately affects the way “government” can be

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1st Circuit – Pole Camera: United States v. Moore-Bush

Without turning today’s legal update session into a political discussion, we will discuss a new case out of the 1st Circuit involving “pole cameras”. The 1st Circuit’s argument rests on the storied legal principle of ‘Stare Decisis’. This principle has an important application under our rule of law: “keep the scales of justice even and steady and not liable to waver with every new judge’s opinion”. In many

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1st Circuit: Cell Phone Video Exam – United States v Rivera-Morales

Last week, we looked at a case out of the 8th Circuit talking about a case similar to the case we will discuss today. In United States v Suellentrop, the 8th Circuit allowed evidence to be submitted of pictures found on a cell phone after the pictures were found and provided to the police by a citizen. In Sullentrop, the 8th Circuit determined that the limitations on searching cell phones demanded by the Supreme Court in Riley v California did

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Use of Force Failure to Intervene – Eleventh Circuit

Today we head to the 11th Circuit which covers the states of Alabama, Georgia and Florida to talk about issues that are currently faced by police departments across the country. These issues include appropriate applications of force, Qualified Immunity and Bystander Liability, also known as the Failure to Intervene.  Before we look at the facts and the court decision in this case let me just make a

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