Legal Update

Cracking Under Pressure: The Reasonable Scope of a Traffic Stop

Our case today deals with a traffic stop turned Terry stop because of a cracked windshield. It is important to note that according to Eighth Circuit case law, an officer’s “incomplete initial observations may give reasonable suspicion for a traffic stop,” even if subsequent examination reveals no traffic law violation.” In other words, unlike last week’s case, when it comes to traffic law if […]

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One of These Things is Not Like the Other: Parolee Rights & Warrantless Searches

Today’s legal update comes to us from the Seventh Circuit and addresses the question of parolee rights. Many parolee agreements state that if a parolee violates his or her release agreement, officers have a right to search their belongings. This case also addresses several important court cases regarding cell phones, search warrants and parolee rights. The first case used in the court’s argument by

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Harnessing the Power of Online Education for Law Enforcement

On behalf of the hardworking and dedicated staff at Daigle Law Group, I would like to introduce you to our virtual DLG Learning Center and our online Training Program. Our firm specializes in the legal and operational issues facing Law Enforcement, Corrections, and the Security industry. DLG has conducted engaging and informative training for over twenty years with a simple concept: Knowledge is Power!

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Qualified Immunity and the Three Factors of Force: Estate of Taylor v. Salt Lake City

Our case today, from the United States Court of Appeals for the Tenth Circuit, outlines qualified immunity and excessive use of force. Before we get into the details of the case, a recap of qualified immunity when it is weighed against alleged excessive force: the plaintiff must establish that the officer’s use of force was objectively unreasonable. When examining reasonableness, the court evaluates the

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The First Amendment & Law Enforcement: Probable Cause Generally Defeats Retaliatory Arrest Claims

Our legal update today discusses an important case in understanding how the First Amendment affects law enforcement in modern times – Nieves v. Bartlett. The decision in Nieves v. Bartlett comes to us from the Supreme Court, and it is crucial in understanding how the court system weighs probable cause and the reasonableness of an officer’s actions versus a retaliatory arrest claim. Retaliatory arrests refer to arrests by

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SCOTUS Makes It Easier To Sue Police And Prosecutors For Malicious Prosecution

On April 4th, 2022, the Supreme Court of the United States (SCOTUS), in the matter of Thompson v. Clark[1], held that for purposes of a Fourth Amendment claim under § 1983 for malicious prosecution, a plaintiff is not required to show that the criminal prosecution ended with an affirmative indication of innocence. Rather, the plaintiff need only show that the prosecution ended without a conviction. A more detailed

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The Benefits of the Public Safety Accreditation Process

The Process Benefits the Agency and the Community. Public Safety accreditation is defined as the voluntary compliance with contemporary, internationally recognized standards for operation and administration. These professionally recognized and established standards are referred to as the “best practices” in public safety. Adherence to these standards not only benefit the agency and the manner in which they deliver services; adherence to these standards are

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First Amendment “Audits” and the Civilian Right to Film Law Enforcement (Part 2)

In more recent times, groups of individuals, claiming to be “First Amendment Auditors,” have been challenging police and gaining media exposure by filming the inside of various public spaces. As a result of this new phenomenon, many agencies are evaluating how to respond to these so-called “auditors.” Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement.

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Let’s Not Jump to Impoundment: Officers’ Actions Show Pretext and Wrongful Impoundment of Vehicle 

Today our case handles a situation involving a protective order and an impoundment. Because our case took place in the Tenth Circuit, there are some pretextual guidelines to consider when it comes to vehicle impoundment:   Whether the car is on private or public property;  Whether the property owner has been consulted;  Whether an alternative to impoundment exists, especially the availability of someone else to drive

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