Resources

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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Legal Pitfalls in Background Investigations

Are you responsible for conducting background investigations for your police department? Want to ensure that you’re doing them correctly and minimizing legal liability? Daigle Law Group is excited to announce our upcoming free online police training webinar on Background Investigations. During this webinar, you will receive an overview of the following topics: This free training webinar will provide attendees with the knowledge and tools

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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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“Kettling” and Keeping the Peace

Baude v. Leyshock from the Eighth Circuit has a lot of legal issues that we have discussed and a new term that we have not, which is “kettling.” First let’s start with what we have discussed before: our case today brings to question excessive use of force during a protest. As a reminder, a court evaluates the reasonableness of the force by examining the

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United States v. Ambriz-Villa: The Right Way to Conduct a Traffic Stop

In United States v. Ambriz-Villa, the Seventh Circuit Court dealt with a case involving a traffic stop and consent to search a suspect’s vehicle based on suspicion of drug trafficking. The suspect argued that their consent to search the vehicle was not voluntary. To evaluate the voluntariness of consent, the court considers various factors, such as the person’s age, intelligence, and education, whether they

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Witness’s Change of Story Causes Qualified Immunity Decision to Change

The case of Gambrel v. Knox County, 25 F.4th 391 (6th Cir. 2022) brings to light the complex issue of qualified immunity and the use of deadly force by law enforcement. The Sixth Circuit overturned a decision on qualified immunity in this case, due to a tricky aspect of determining credibility of witness statements. In this case, a witness initially supported the officers’ portrayal

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