Legal Update Archives - Page 5 of 19

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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Fleeing Drivers and Use of Force: Gordon v. Bierenga

Today’s case from the Sixth Circuit reviews a vehicle chase that ended in a suspect’s death from two gunshot wounds and a collision that occurred after he fled from an officer. To understand today’s ruling, we need to talk about a 2017 case, Latits v. Phillips. In Latits, the court held that in evaluating the reasonableness of deadly force in the context of a

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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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Balancing Training Innovations with Legal Standards

The best way to combat “custom” is through the implementation of clear policies, comprehensive training on those policies, and close and effective supervision. To this end, innovations in law enforcement training have benefited and will continue to benefit departments. Effective, comprehensive training, however, must maintain focus on legal objectives and “clearly established law.” The 2020–2021 U.S. legislative session resulted in an all-time high of

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The Failure of Supervision: Is It The Cause of Officer Failures?

Ensure Supervisory Ideals are Practiced as Well as Preached The death of Tyre Nichols on January 7, 2023, is a tragedy that resulted from being severely beaten by five officers from the Memphis Police Department. The tragedy is compounded by the fact that it was entirely preventable. From the outside looking in, the question that should be asked is ‘were there any failures within

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