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 […]
Exigent Circumstances Continue Reading
United States v. Simmermaker, out of the Eighth Circuit, brings new meaning to guilty by association. You may think that going over to a friend’s house and keeping your items locked up in security lockbox makes them private, but if your friend happens to be a known drug dealer, you would be wrong. Before we get to the rundown of this case, some notes on warrants: There are
Wrong Couch, Wrong Time – Eighth Circuit Continue Reading
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
New Guardian Mindset Podcast Episodes: Qualified Immunity Continue Reading
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
Bystander Liability Podcast with Attorney Eric Atstupenas Continue Reading
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
Finding a Way Forward – Taking Back Responsibility in Law Enforcement Continue Reading
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
New Guardian Mindset Podcast: Where does law enforcement go from here? Continue Reading
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
The Automobile Exception & Mobility – Eighth Circuit Continue Reading
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,
SCOTUS: Qualified Immunity, Continued Continue Reading
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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In Jackson v. Gautreaux, we see an officer put in harm’s way while handling a mentally ill suspect. Mental health has become a very prominent topic in our society today and at times officers are put in a position where a mentally ill person tries to push for suicide-by-cop. The aggressive and violent nature of today’s case pushes a Lieutenant to defend himself with
Suicide-by-Cop, Fatal Use of Force Situation Continue Reading