I am sure you are no stranger to the fact that there are certain members of your community that feel strongly against the police. Everyday we hear anti-police rhetoric and learn about groups that want to defund the police. We also find out about people like our suspect today who simply wanted to rile law enforcement up and film it. Coming to us from […]
Are “Fighting Words” Protected Under the First Amendment? Continue Reading
Today’s case, United States v. Meals, 21 F.4th 903 (5th Cir. 2021), actually makes Facebook look like the good guys for a change. Before we jump into the facts of the case, let’s review our major legal component today, the private search doctrine. According to United States v. Jacobsen, under the private search doctrine, when a private actor finds evidence of criminal conduct after searching someone
CyberTip From Facebook Employee Continue Reading
Vega v. Tekoh is a case that was decided by the Supreme Court of the United States on June 23, 2022. Supreme Court justices voted 6-3 that police officers can no longer be sued under a §1983 claim if they forget to state a suspect’s Miranda rights. While the court still believes that Miranda rights should be read, they reiterated that Miranda rights are “prophylactic”, meaning precautionary, and the
Supreme Court Ruling Protects Law Enforcement When Miranda Warnings Are Missed Continue Reading
Browning v. Edmonson County, 2021 U.S. App. LEXIS 34090 (6th Cir. KY Nov. 17, 2021) Today’s case from the Sixth Circuit involves a high-speed car chase, a potentially armed suspect, and use of force. This case highlights some terminology that I would like to discuss: discretionary acts or ministerial duties. These terms come into play when minors are present during an event. Our case
Ministerial Versus Discretionary and How They Affect Qualified Immunity Continue Reading
Training Officer Liability – Presented by Eric P. Daigle This free webinar, presented by Attorney Eric Daigle of the Daigle Law Group, will review legal analysis, guidance and interpretation of current laws addressing training officer liability and current police practices in effective and constitutional policing. This training will inform training officers of the training liability standards created by the U.S. Supreme Court decision of Brown
Training Officer Liability Webinar Continue Reading
Today’s case is a reminder of how careful you need to be when conducting a traffic stop. The situation we will discuss today started off as a regular stop with the suspect remaining cooperative, until things took a sharp turn for the worst. Our case today is another use of force case, so let’s review Graham v. Connor. In Graham v. Connor, the Supreme Court
Let Go of the Car: Qualified Immunity Granted after an Escalated Traffic Stop Continue Reading
Our case today deals with a traffic stop turned Terry stop because of a cracked windshield. It is important to note that according to Eighth Circuit case law, an officer’s “incomplete initial observations may give reasonable suspicion for a traffic stop,” even if subsequent examination reveals no traffic law violation.” In other words, unlike last week’s case, when it comes to traffic law if
Cracking Under Pressure: The Reasonable Scope of a Traffic Stop Continue Reading
The Guardian Mindset Podcast is designed to educate and help improve public safety professionals. Join us and our amazing guests as we explore a wide range of public safety related topics and updates. Fighting Words and the First Amendment In this segment, Eric reviews Supreme Court rulings on fighting words and how the concept has been defined and interpreted. Fighting words are written or
Guardian Mindset Podcast: New Episodes Available Continue Reading
Today’s legal update comes to us from the Seventh Circuit and addresses the question of parolee rights. Many parolee agreements state that if a parolee violates his or her release agreement, officers have a right to search their belongings. This case also addresses several important court cases regarding cell phones, search warrants and parolee rights. The first case used in the court’s argument by
One of These Things is Not Like the Other: Parolee Rights & Warrantless Searches Continue Reading
On behalf of the hardworking and dedicated staff at Daigle Law Group, I would like to introduce you to our virtual DLG Learning Center and our online Training Program. Our firm specializes in the legal and operational issues facing Law Enforcement, Corrections, and the Security industry. DLG has conducted engaging and informative training for over twenty years with a simple concept: Knowledge is Power!
Harnessing the Power of Online Education for Law Enforcement Continue Reading