Legal Update

SCOTUS: First Amendment considerations should require states to prove intent to sustain threat convictions

On March 6, 2017, Justice Sonia Sotomayor issued an interesting concurring opinion in Perez vs. Florida[1]. In her opinion, the Justice stated that if First Amendment concerns would have been raised in the certiorari, the Supreme Court would have clarified the burden of proof that States should have to sustain threat convictions. Facts: Robert Perez and some friends were drinking a mixture of vodka […]

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Recent Trends in Terry Stops and Pat-Downs

By: Eric P. Daigle Terry stops (also known as investigatory stops) has been a useful tool for law enforcement since 1968, when the United States Supreme Court decided the case of Terry v. Ohio. [1] When used properly, Terry stops can discourage criminal activity, identify suspects, and add intelligence information to the files of known criminals. The general principles established in Terry v. Ohio

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DOJ Review of Ferguson: Is it a Blueprint?

On March 4, 2015, the Department of Justice (DOJ) released a 102-page report containing its findings from its investigation into the Ferguson Police Department. The release of this report has brought about a flood of attention from countless venues. Everyone from media, to legal experts and political analysts, and even the President of the United States has weighed in on the report. The report

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Stanton v. Sims: Constitutionality of Officer’s Warrantless Entry Based on a Misdemeanor

The United States Supreme Court released a decision on November 4, 2013 pertaining to the constitutionality of a police officer’s warrantless pursuit of a suspect into a home based on probable cause of the commission of a misdemeanor crime.[1] A ruling from the Supreme Court is important to clarify the standards applicable to search and seizure law. This decision identifies a conflict between the

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Courts Limit Cell Phone Searches Incident to Arrest

Attorney Ken Wallentine Four years ago, in Arizona v. Gant, 556 U.S. 332 (2009), the Supreme Court took a sharp turn in the law of search incident to arrest.  The Court stepped back toward the two justifications for the search incident to arrest exception to the Fourth Amendment warrant requirement—preservation of evidence and officer safety—first definitively articulated in Chimel v. California, 395 U.S. 752

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Connecticut Supreme Court Clarifies the Procedure for Officers to Bring Indemnification Actions, as well as the Range of Economic Losses that Qualify for Such Indemnification

By Atty. Eric P. Daigle, Daigle Law Group On April 26, 2011, the Supreme Court of Connecticut issued its opinion on a case which Daigle Law Group, LLC defended on behalf of the subject officer. The decision will impact both police departments, municipalities, and individual officers concerning the ability of officers to seek indemnification for economic losses incurred in defense of criminal charges arising

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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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