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 […]
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
Force That Matches the Escalation of Resistance Continue Reading
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
The Truth in Perception: Examining the Impact of Body-Worn Cameras on Memory Recall Continue Reading
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
Guardian Mindset Podcast: Managing Public Protests with Spencer Fomby Continue Reading
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
Fleeing Drivers and Use of Force: Gordon v. Bierenga Continue Reading
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,
Protest Response and Anticipated NTOA Public Order Standards Webinar Continue Reading
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
Exigent Circumstances When Handling Electronics Continue Reading
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
From Pepper Spray to Public Perception Continue Reading
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.
Consent to Search Granted and then Taken Away Continue Reading
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