Legal Update

​​When Tactical Operations & Mental Health Crises Collide

​In Coronado v. Olsen, Fernando Coronado and his wife filed a §1983 claim against two SWAT officials that responded to a 911 dispatch call for domestic violence and alleged suicide threats.1 Coronado complained that Officers Hill and Olsen used excessive force when using their tasers to subdue him. ​West Valley City’s SWAT team arrived at Coronado’s home and began immediate attempts to negotiate with […]

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Anticipations Rise: Fifth Circuit’s Reconsidered Ruling on Pivotal Case for Citizen Journalism, Free Speech, and Qualified Immunity Awaited

The recent case of Villarreal v. City of Laredo has brought attention to the First Amendment rights of citizens and the validity of qualified immunity to law enforcement officers.1 The U.S. Court of Appeals for the Fifth Circuit heard arguments regarding the case of a controversial citizen journalist from Laredo Texas, Priscilla Villarreal, who was arrested in 2017.  Priscilla Villarreal is facing a felony

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Training, Defensive Tactics, and the New Generation of Officers with Lt. Kevin Dillon (Ret.)

In this episode of The Guardian Mindset Podcast, Attorney Eric Daigle interviews Lieutenant Kevin F. Dillon (ret). Dillon discusses his background in law enforcement and how he developed the combative arrest control program called L.O.C.K.U.P.® for the state of Connecticut. Listen now on Spotify or Apple Podcasts. Topics Discussed in this Episode: Resources: About the Guest: Lt. Kevin F. Dillon (ret) is a twenty-five-year

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Supreme Court 2023: What Cases are on the Docket with the Potential to Reshape Law Enforcement Landscape 

The Supreme Court of the United States has a packed schedule in 2023, with several cases that could potentially impact law enforcement officers and departments across the country. In this article, we will provide an overview of both, scheduled and petitioned cases to be on the lookout for.   First up on the Court’s Docket is Counterman v. Colorado, which is set to be argued

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Force That Matches the Escalation of Resistance

Betts v. Brennan, a case in the Fifth Circuit, involves a use of force incident during a traffic stop. The district court initially decided the case and cited Hanks v. Rogers, another use of force case where the court held that the plaintiff successfully rebutted the defendant’s qualified immunity defense. In Hanks v. Rogers, the court concluded that the plaintiff’s Fourth Amendment right to

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Protest Response and Anticipated NTOA Public Order Standards Webinar

This webinar will focus on protest response standards and the soon-to-be-released Public Order National Standards recommended by the National Tactical Officers Association (NTOA). The NTOA Public Order Section Chair, Spencer Fomby, and the NTOA Legal Section Chair, Attorney Eric Daigle, will discuss why the standards were developed, what they are, and why your agency should adopt them. The webinar will review applicable legal, policy,

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From Pepper Spray to Public Perception

The Complexities of Balancing Non-Lethal Force with First Amendment Rights An often-overlooked issue in the context of law enforcement is the concern over potential violations of individual’s First Amendment rights to freedom of speech and assembly. Police Departments around the Nation have faced widespread criticism and legal condemnation for their use of crowd control tactics in response to protests and large public gatherings. It is important to

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Consent to Search Granted and then Taken Away

The recent case from the Seventh Circuit, United States v. Jones, raises important questions about Fourth Amendment rights and consent to search. The case involved an arrest warrant that led to a consensual search, ultimately revealing a hidden firearm. The issue at hand is whether a person who initially grants consent to a search retains the right to withdraw that consent during the search.

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Capturing the Truth: Navigating the Intersection of Freedom of Speech and Video Recording in Law Enforcement

In a recent opinion, the Fourth Circuit Court of Appeals established their position on the extent to which the First Amendment protections extend to recording and livestreaming officer civilian interactions. In Sharpe v. Winterville Police Department[1], the court considered the First Amendment right for a passenger to livestream their own traffic stop. After issuing this opinion, the Fourth Circuit became the second even-numbered circuit to

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