Resources

A Frisk Too Far: Limited Search Necessary Before Performing a Full Search

United States v. Brown brings us to the Ninth Circuit. It also highlights two court cases, Terry v. Ohio and Sibron v. New York. The first case, Terry v. Ohio, is a Supreme Court case that held a police officer correctly limited his protective search to, “what was minimally necessary to learn whether the men were armed and to disarm them once he discovered weapons.” The officer had reasonable suspicion that three men were […]

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Prolonged Pole Camera Surveillance

In the past we have reviewed cases with pole cameras and their use in modern day policing. Today’s case, United States v. Tuggle, examines how the length of time that one uses a device to perform surveillance to investigate someone can make the case a little trickier. The Supreme Court has argued this point before, specifically in United States v. Jones stating that “short-term

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Protective Sweeps and Wall Scuffs

United States v. Thompson deals with a protective sweep surrounding a potential threat to officers. Because of some suspicious activity officers believed that an ambush could take place if they did not fully search where the suspect was staying. While performing the sweep officers uncovered evidence that would help their case. In Maryland v. Buie, the Supreme Court held that police officers may conduct

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911 Call and “Something More”

Walker v. Donahoe deals with a sensitive topic, suspicious activity surrounding a past school shooting. Of course, when we have a tragedy hit our community it puts us on even higher alert to make sure it never happens again. Some of the surrounding circumstances around today’s incident include the area where the suspect was walking and the date, February 14, 2018, which was very close

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Exigent Circumstances

United States v. Sanders, 2021 U.S. App. LEXIS 21065 (8th Cir. IA July 16, 2021) United States v. Sanders touches on an example of exigent circumstances. As a refresher, exigent circumstances exist in general terms when “there is a compelling need for official action and no time to secure a warrant.”i Typically, exigent circumstances exist if, absent immediate official action, “the accused would be able

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New Guardian Mindset Podcast Episodes: Qualified Immunity

The Guardian Mindset was developed to educate and help improve law enforcement, corrections, fire, and EMS services. We hope you will join us and our amazing guests explore a wide range of public safety related topics and updates. Listen and subscribe below for new episodes every month! Guardian Mindset 09: Qualified Immunity Part One Attorney Eric Daigle covers the doctrine of qualified immunity, including

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Bystander Liability Podcast with Attorney Eric Atstupenas

Attorney Eric Atstupenas sits down with Attorney Eric Daigle at Use of Force Summit to discuss the current challenges facing law enforcement agencies related to bystander liability and the duty to intervene. The Guardian Mindset Podcast was developed to educate and help improve public safety professionals. We hope you will join us and our amazing guests explore a wide range of public safety related

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Finding a Way Forward – Taking Back Responsibility in Law Enforcement

The death of Eric Garner in July of 2014 in New York City marked the beginning of a constant focus on police use of force against communities of color.  Garner’s death started the “I can’t breathe” movement, which continues today.  In August of 2014, Michael Brown was killed in Ferguson, Missouri, resulting in Black Lives Matter, launching Campaign Zero.  Since Ferguson, the saturation and

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New Guardian Mindset Podcast: Where does law enforcement go from here?

The Guardian Mindset was developed to educate and help improve law enforcement, corrections, fire, and EMS services. We hope you will join us and our amazing guests explore a wide range of public safety related topics and updates. Listen and subscribe below for new episodes every month! Guardian Mindset 08: Chief Terri Wilfong (Retired) Attorney Eric Daigle is joined by consultant and friend, Chief

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