Resources Archives - Page 13 of 37

Clearly Established Rights and Deadly Use of Force

Our case today from the Eight Circuit highlights an alleged use of excessive force. To determine if the Officer in today’s case qualified for immunity, the court asked two questions: first, did his actions violate a constitutional right and second, was the right clearly established? To determine if a right is clearly established, the court will focus “on whether the officer had fair notice […]

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Accreditation – What You Need to Know

Accreditation 101 Accreditation Crash Course Part One Part Two

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Highest Court Refuses to Review 6th Circuit’s Grant of Immunity to Officer

By Adrianna Aresco, Daigle Law GroupOctober 25, 2022 The Supreme Court recently declined to take up an appeal sought by the widow of Antonio Gordon, pertaining to the 6th Circuit’s decision in Gordon v. Bierenga, which granted immunity to the police officer who fatally shot Gordon in a drive-through line during vehicular flight. The test that governs inquiries of qualified immunity maintains that: Public Officials are afforded immunity from civil

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Pepper Spray and Unreasonable Use of Force

Today’s Legal Update from the Tenth Circuit highlights excessive force being used after a suspect is handcuffed. In all use of force cases, the courts spotlight Graham v. Connor, which held that a claim of excessive force by law enforcement during an arrest, stop, or other seizure of an individual is subject to the objective reasonableness standard of the Fourth Amendment, rather than a

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Suspicious Behavior Leads to Three Pat-Downs

In this week’s case, the Seventh Circuit explores the scope and limitations implicit within the reasonable suspicion requirement, as applied in the context of an officer-suspect pat down during the execution of a traffic stop. The general standard governing a suspect pat-down during a traffic stop requires that, “To justify a pat-down of a driver or a passenger during a traffic stop, the police

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Am I Under Arrest?

Post the Supreme Court’s ruling inVega v. Tekoh, today we will highlight a case from the Eleventh Circuit that focuses on when Miranda rights should be read and when they do not have to be based on whether or not a person is in custody. In the Miranda context, a person is in custody when he/she finds themself in “circumstances that are thought generally

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Utilizing the Search Incident to Arrest Exception

Our case today arises from a decision by the Eighth Circuit Court of Appeals. The suspect today fell victim to a false advertisement published by an undercover agent, and was subsequently arrested for engaging in said ad. The suspect claims that the officers lacked probable cause in arresting him. Although the officers did not have a warrant for his arrest, the suspect’s illegal intentions

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What Types of Information Establish Probable Cause?

Today’s case from the Eighth Circuit is an interesting one, mainly because it involves a wannabe lawyer who may or may not be involved in sex trafficking. Before we dive in to this crazy case, let’s review the preparation of a warrant with a special focus on establishing probable cause using hearsay: There are three key components to a search warrant: (1) particularity of

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What Makes a Statement Involuntary During an Interrogation?

Our case comes to us today from the Eighth Circuit. The themes surrounding this case include involuntary statements and the plain view doctrine. First, what makes a statement involuntary during an interrogation? According to United States v. Vega, “A statement is involuntary when it was extracted by threats, violence, or express or implied promises sufficient to overbear the defendant’s will and critically impair his

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An Informant with an Axe to Grind

Today’s case out of the Seventh Circuit proves that you should be careful when using an informant who has an axe to grind. An FBI agent finally took the bait from Stafford Garbutt to look into misconduct at a government agency, after he was demoted and stripped of his title. Often when dealing with cases that involve agents of the government, there are different

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