Resources

The Automobile Exception & Mobility – Eighth Circuit

Today’s case out of the 8th Circuit examines the automobile exception. According to this search rule, police may conduct a warrantless on-the-scene search of a motor vehicle based on probable cause to believe that it contains contraband or evidence of a crime. The scope of the search is defined by the nature of probable cause and includes any and all places and containers in […]

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SCOTUS: Qualified Immunity, Continued

In the second of two SCOTUS opinions released on the subject of qualified immunity, the Court overturned a 10th Circuit Court of Appeals decision. The Tenth Circuit Court relied on case law that “allows an officer to be held liable for a shooting that itself is objectively reasonable if the officer’s reckless or deliberate conduct created a situation requiring deadly force.1” SCOTUS emphatically stated,

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SCOTUS: Qualified Immunity

On October 18, 2021, the United States Supreme Court issued two per curiam decisions on the topic of qualified immunity. Per curiam (“by the court”) opinions refer to a decision made on behalf of the entire court without a particular judge or justice’s name attached to the opinion. These decisions tend to be short and to the point, as they usually concern issues that the court does not consider to be controversial or require extensive debate. It

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Guardian Mindset Podcast: Team Building and Leadership with Paul Butler

Attorney Eric Daigle sits down with fellow instructor and friend Paul Butler to explore approaches to leadership and the key elements of team building. Paul is a renowned speaker who draws from his 27 year career as a law enforcement professional to provide unique experience and perspective on attitude empowerment, service, and what it means to be a leader. Paul Butler will also be

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A Refresher on Tasers – Tenth Circuit

In Emmett v. Armstrong, we travel over to the Tenth Circuit to examine a taser and UOF case. This case is from 2020, but raises some important use of force topics regarding tasers and qualified immunity.  To begin, a review of Electronic Control Weapon guidelines from IACP. According to the IACP, the ECW is authorized to be used:   to protect the officer or others from reasonably perceived immediate threat of physical

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If you have to Google it, it isn’t Probable Cause

In our review of the United States v. Arredondo, 996 F.3d 903 (8th Cir. 2021) we discuss the plain view exception. The plain view exception authorizes an officer to seize an object without a warrant if: (1) the officer lawfully arrived at the location from which he or she views the object; (2) the object’s “incriminating character” is “immediately apparent”; and (3) “the officer has a

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Guardian Mindset – Law Enforcement Podcast

We are pleased to share with you the Guardian Mindset podcast! In each episode, Attorney Eric Daigle discusses how the Guardian Mindset impacts and improves the principles that drive public safety. 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

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Traffic Stop Turned Drug Bust – Fourth Circuit

In United States v. Davis, 997 F.3d 191 (4th Cir. 2021) the 4th Circuit examines a routine traffic stop that turns into a chase. That chase eventually ends with several illegal possessions getting scooped up and a Fourth Amendment appeal about how the evidence was obtained. The 4th Circuit cites multiple SCOTUS cases in their argument, including Chimel v. California, New York v. Belton and Arizona v. Gant.   In Chimel v. California, SCOTUS held that

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