Resources

Mouthy Detainees and Excessive Force: Johnson v. City of Miami Beach

Today’s case from the Eleventh Circuit examines an excessive use of force that ultimately ended in an officer being denied qualified immunity. Qualified immunity protects officers from civil liability unless their conduct violates clearly established constitutional rights of which a reasonable person would have known. In excessive force cases, whether a plaintiff’s constitutional rights were violated is governed by the Fourth Amendment’s objective reasonableness […]

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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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The Truth in Perception: Examining the Impact of Body-Worn Cameras on Memory Recall

In this episode of the Guardian Mindset Podcast, Eric welcomes Dr. Paul Taylor, an experienced law enforcement research and training expert, back to the show to delve into the contentious issue of whether officers should watch video footage before writing their use-of-force reports. Dr. Taylor’s expertise in the field offers invaluable insights into this complex topic. The podcast offers unique perspectives from legal and

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Guardian Mindset Podcast: Managing Public Protests with Spencer Fomby

In this episode of the Guardian Mindset Podcast, Attorney Eric Daigle and special guest Captain (Ret.) Spencer Fomby discuss managing public protests. You can listen and subscribe on Spotify and Apple Podcasts, or watch the video podcast recording below. Managing Public Protests: Navigating Complexity and Ensuring Preparedness with Spencer Fomby The podcast delves into the complexities of managing public protests, emphasizing the critical role

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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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Exigent Circumstances When Handling Electronics

In United States v. Meyer, the Eighth Circuit Court of Appeals considers a case that examines the application of exigent circumstances when handling electronics. This case delves into the rules and exceptions that apply when law enforcement officers seek to enter a home and search for evidence without first obtaining a warrant. Specifically, the court evaluates whether officers may enter a home without a

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